• Title/Summary/Keyword: 18th Century

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The Political Views of Kogakuha(古學派) in Japanese Confucianism - Focused at the concept of 'For the People' of Ito-Jinsai(伊藤仁齋) and Ogyu-Sorai (荻生?徠) (일본 고학파(古學派)의 정치관 - 이등인재(伊藤仁齋)와 적생조래(荻生?徠)의 위민(爲民) 개념을 중심으로 -)

  • Lee, Yongsoo
    • The Journal of Korean Philosophical History
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    • no.42
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    • pp.259-294
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    • 2014
  • The key concept of political thoughts of Confucianism is 'Tian(天)=the Heaven' and 'Ren(人)=the Human being'. In particular, the meaning of 'the Heaven(天)' is profoundly exclusive in Confucianism in comparison to the other concepts. It is because that 'the Heaven' is connected with 'Ri(理)' which explains the human being and the heaven metaphysically, and the discussions about those concepts have also been widening to the political field. And if the concept of 'the Heaven's nature(天命)' is excluded, it is difficult for us to discuss the essence of political thought of Confucianism. This paper argued how the politicalization of 'the Heaven' which was private dimension of monarch in the strict sense, changed to the public dimension of people in Japan in the early 18th century through some theories of the two famous philosopher, Ito-Jinsai(伊藤仁齋) and Ogyu-Sorai(荻生?徠) who belonged to the 'Kogakuha(古學派)'. The doctrines of Chu-tzu(朱子學) has hold absolute authority over the history of the oriental political thoughts. But the authority have gone through the stage of disorganization in a unique space called Eto(江戶) era of Japan. Therefore, the interpretations and concept establishments in a new dimension are naturally formed in that periods about 'Min(民)=People'. Based on discussions like this, the purpose of this paper is to study how those movements are emerged in what kinds of thinking and debating process. In part of Ito-Jinsai, this paper have reconsidered the concept of 'People' which Jinsai had thought and examined closely with critical mind about 'In(仁)=Mercy'. In case of Ogyu-Sorai, this paper have argued his political theory of 'the welfare of the people in the nation(安民天下)', in clarifying with the concept of 'the Roads of the Saint(先王의 道)' and the meaning about his declaration that "the Six Scripture(六經) is things(物)". The meaning of political view of this two philosopher is in the point to suggest some kinds of cure for problems of those days with the former days values. In the Jinsai's doctrine, that cure is 'the realization of the rule of right(王道)' based on new interpretation of 'Mersy'. And in case of Sorai, that is a form of independence of politics from morality based on 'the Roads of the Saint'.

The Landscape Configuration and Semantic Landscape of Hamheo-pavilion in Gokseong (곡성 함허정(涵虛亭)의 경관짜임과 의미경관)

  • Lee, Hyun-Woo;Sim, Woo-Kyung;Rho, Jae-Hyun;Shin, Sang-Sup
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.33 no.1
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    • pp.52-64
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    • 2015
  • This research traced the characteristics of the semantic landscape, construction intent, landscape composition, and geomantic conditions of the area subject to the research based on the research methods of 'field investigation, document studies, and interviews,' centering around the entire area of Gokseong Hamheo-pavilion (Jeonnam Tangible Cultural Assets No. 160). The result of the research, specifically revealing the forms and methods by which the reciprocal view of nature and landscape composition appearing in the landscape of the entire area of Hamheo-pavilion, as part of the analysis and interpretation over the view-based construction characteristics and position of the entire area of Gokseong Hamheo-pavilion, can be summarized as follows. First, Hamheo-pavilion is a pavilion built as a resting area and as a venue for educational activities in 1543 in the nearby areas after Gwang-hyeon Sim founded Gunjichon-jeongsa for educational activities and dwelling purposes at Gunchon at the 30th year of King Jungjong. Gunchon, where Hamheo-pavilion and Gunjichon-jeongsa is located, exhibits the typical form having water in the front, facing Sunja-river(present Seomjin-river), and a mountain in the back side. Dongak-mountain, which is a guardian mountain, is in a snail-type form where cows leisurely ruminate and lie on the riverside, and the Hamheo-pavilion area is said to be an area bordering on one's way of enjoying peace and richness as it is a place with plentiful grass bushes available for cows to ruminate and lie down while sheppards may leisurely play their flutes at the riverside. The back hill of Hamheo-pavilion is a blood vessel that enters the water into the underwater palace of the turtle, and the building sitting on the turtle's back is Hamheo-pavilion, and the Guam-jodae(龜巖釣臺) and lava on the southern side below the cliff can be interpreted to be the underwater fairly land wanted by the turtle.6) Second, Hamheo-pavilion is the scenery viewpoint of Sungang-Cheongpung (3rd Scenery) and Seolsan-Nakjo(雪山落照, 9th Scenery) among the eight sceneries of Gokseong, while also the scenery viewpoint of Hamheo-Sunja(2nd Scenery) and Cheonma-Gwiam(天馬歸岩, 3rd Scenery) among the eight sceneries of Ipmyeon. On the other hand, the pavilion is reproduced through the aesthetics of bends through sensible penetration and transcendental landscape viewed based on the Confucian-topos and ethics as the four bends among the five bends of Sunja-river arranged in the 'Santaegeuk(山太極) and Sutaeguek(水太極, formation of the yin-yang symbol by the mountain and water)' form, which is alike the connection of yin and yang. In particular, when based on the description over Mujinjeong (3rd Bend), Hoyeonjeong(4th Bend), andHapgangjeong(2nd Bend) among the five bends of Sunja-river in the records of Bibyeonsainbangan-jido(duringthe 18th century) and Okgwahyeonji(1788), the scenery of the five bends of Sunja-river allow to glimpse into its reputation as an attraction-type connected scenery in the latter period of the Joseon era, instead of only being perceived of its place identity embracing the fairyland world by crossing in and out of the world of this world and nirvana. Third, Hamheo-pavilion, which exhibits exquisite aesthetics of vacancy, is where the 'forest landscape composed of old big trees such as oak trees, oriental oak trees, and pine trees,' 'rock landscape such as Guam-jodae, lava, and layered rocks' and 'cultural landscape of Gunchon village' is spread close by. In the middle, it has a mountain scenery composed of Sunja-river, Masan-peak, and Gori-peak, and it is a place where the scenery by Gori-peak, Masan-peak, Mudeung-mountain, and Seol-mountain is spread and open in $180^{\circ}$ from the east to west. Mangseo-jae, the sarangchae (men's room)of Gunjichon-jeongsa, means a 'house observing Seoseok-mountain,' which has realized the diverse view-oriented intent, such as by allowing to look up Seol-mountain or Mudeung-mountain, which are back mountains behind the front mountain, through landscape configuration. Fourth, the private home, place for educational activities, pavilion, memorial room, and graveyard of Gunji-village, where the existence and ideal is connected, is a semantic connected scenery relating to the life cycle of the gentry linking 'formation - abundance - transcendence - regression.' In particular, based on the fact that the descriptions over reciprocal views of nature regarding an easy and comfortable life and appreciations for a picturesque scene of the areas nearby Sunja-river composes most of the poetic phrases relating to Hamheo-pavilion, it can be known that Hamheo-pavilion is expressed as the key to the idea of 'understanding how to be satisfied while maintaining one's positon with a comfortable mind' and 'returning to nature,' while also being expressed of its pedantic character as a place for reclusion for training one's mind and training others through metaphysical semantic scenery.

Comparative Study about Academic Thoughts of Xu Lingtai and Yoshimasu Todo (I) - Focus on their Major Books - (서영태(徐靈胎)와 길익동동(吉益東洞)의 학술사상 비교 연구 (I) - 각자의 주요 저서를 중심으로 -)

  • Yoon, Cheol-Ho;Huang, Huang
    • The Journal of Internal Korean Medicine
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    • v.31 no.4
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    • pp.792-812
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    • 2010
  • In the 18th century, Xu Lingtai (徐靈胎) and Yoshimasu Todo (吉益東洞) were famous doctors advocating ancient medicine, though they lived in different countries, China and Japan. We compared their major books, analyzed their academic thoughts and then took conclusions as below. 1. The first, for instance "Classified Prescriptions of Treatise on Cold Damage Diseases, 傷寒論類方" and "Classified Assemblage of Prescriptions, 類聚方". Based on essential thought that a prescription and a syndrome should correspond, these books arranged and classified the Zhang Zhongjing (張仲景)'s texts."Classified Prescriptions of Treatise on Cold Damage Diseases", based on the thought that principles, methods, formulas and medicinals (理法方藥) were integrated in prescriptions, tried to find out the implicit treatment rules in prescriptions and syndromes through analyzing "Treatise on Cold Damage Diseases, 傷寒論". On the other hand, because Classified Assemblage of Prescriptions focused on the syndromes of ancient prescriptions (古方), it classified and collected the related texts of Treatise on Cold Damage Diseases and "Synopsis of Prescriptions of the Golden Chamber, 금궤요략", and then suggested only simple instructions on how to prescribe medicine. So in this book, the trend of experience was clear. 2. The second, there is "100 Kinds Records from Shennong's Classic of Materia Medica, 神農本草經百種錄" and "Description work of herbal pharmacology comprised of excerpts from Shanhanlun and medical experiences, 藥徵". Though both of these books are professional oriental pharmacology publications that advocate reactionism, there were remarkable differences in writing style between them. "Description work of herbal pharmacology comprised of excerpts from Shanhanlun and medical experiences" was based on "Treat on Cold Damage Diseases" and "Synopsis of Prescriptions of the Golden Chamber", just explained the effects of medications and discussed 'matter of course (所當然)', but not discussed 'the reason why (所以然)'. In explaining style of syndromes, it confirmed through research, and emphasized the inductive method. On the other hand, "100 Kinds Records from Shennong's Classic of Materia Medica based on "Shennong's Classic of Materia Medica, 神農本草經", explained the nature of medications and discussed 'the reason why (所以然)'. In explaining style of syndromes, it annotated and explained, and emphasized the process of reasoning. 3. The third, there is "Discuss the Headwaters of Medicine, 醫學源流論" and Severance of Medical evils, 醫斷". Aiming the then medical theories fallen in confused state, these books brought order out of chaos, clarified the categories of medical research, and emphasized the scientific method that could put theories into practice and verify them. The difference is that "Severance of Medical Evils" researched only macroscopic viewable clinical phenomena, and even denied the existence of names of diseases and etiological causes. Thus, it emphasized the accumulation of experiences, laid emphasis on "watching and realizing (目認)", and "understand and taking in (解悟)". Discuss the Headwaters of Medicine extremely emphasized the research of 'something not occuring (未然)', that is to say, induced notions of a disease from observing clinical phenomena, furthermore based on these, predicted the 'something not occuring (未然)' and emphasized researching 'the reason why (所以然)'. As regards how they deal with the traditional theories and post-Zhang Zhongjing's medicines, "Severance of Medical evils" took completely denying attitudes. In case of "Discuss the Headwaters of Medicine", it could be used reasonably through specific situation and detailed analysis. Collectively speaking, there were some differences between medical theories of Xu Lingtai and Yoshimasu Todo. Actually, these differences were whether he tried to research the essence of disease, whether he tried to consider it rationally, and how he treated various opinions occurring in the theories of traditional medicine and clinical experience.

Landscape Gardening Culture in Late Joseon Dynasty Depicted in 'Ahoi-do' Paintings (아회도(雅會圖)에 나타난 조선후기 원림문화)

  • Lim, Eui-Je;So, Hyun-Su
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.32 no.3
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    • pp.46-57
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    • 2014
  • This study contemplated the gardening culture from the pictures, which the scholars of late Joseon Dynasty, the aspects of garden landscapes and garden use behaviors are drawn as follows. 1. The yard by the detached house for men and guest in front of the premises(Sarang Madang) and backyard were the major places for Ahoi(social gatherings of the scholars). The mansions had interests in the management of the outer garden beyond the house wall with building structures like the pavilions on the high walls and side gates. This management and the selection of location anticipating in advance of the management are noteworthy. 2. Only house gardens had plant pots with flowers and the small flower bed(Hwa-O) at Sarang Madang occasionally had plant pots without flowers and oddly shaped stone pots and equipped pine branch eaves and traditional awnings made of plant material like a trellis. 3. The oddly shaped stones were significant landscape elements in the gardens of houses and villas. Some of them were depicted as the Taihu stone and this draws attention to the question of whether the Taihu stone was actually used in the garden of late Joseon Dynasty. 4. The gardens in villas accommodated the borrowed scenery with various materials like wooden fences, bamboo or reed fences, mud walls. They also had the artificial gardens with some odd shaped stones, old pines, bamboos, Japanese apricots, willows, paulownia trees, lotuses and plantains in the secured Madangs. 5. Gyeong Hwa Sa Jog(The scholars of the ruling class adapted to the 18th century's new historical aspect) of late Joseon Dynasty built the villas at the beautiful scenery closed to the their houses. 6. The Gardens around pavilions were located high closed to the mountain streams with nature like beautiful forests, oddly formed rocks, precipitous cliffs and viewing stones. The back side of the pavilion was enclosed by bamboo forests and the front had pines, ginkgoes and willows as shade trees. 7. The beautiful scenery which was preferred as the place for Ahoi was basically with fantastic peaks and precipitous cliffs which forms the distant view harmonized with a waterfall. Broad and flat rocks at the summit of a mountain which commands a bird's-eye view or on a mountain streamside with pine forest, willows and plum trees were chosen as the optimal places for Ahoi. 8. Pine trees were presumed to be more preferable than other species in the garden, especially an single planted old pine tree accented symbolism. 9. Portable tea braziers for boiling tea were adopted in all four types of the gardens. 10. The gardens mixed with auspicious landscape elements were the places of the arts for an unworldliness Ahoi through GeumGiSeoHwa(enjoying strings, go, writing and painting) and boiling tea.

The educational activities of Donam Seowon (돈암서원의 강학 활동)

  • Kim, Moon Joon
    • The Journal of Korean Philosophical History
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    • no.58
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    • pp.161-199
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    • 2018
  • The contents and method of education of all Korean scholars are similar to the contents and method of education provided by Zhu Xi(朱熹), but they operated in a somewhat different way according to schools. Those who served as the first directors of Donam Seowon were Kim Gip(金集, 1574~1656), Song Joon-gil(宋浚吉, 1606~1672) and Song Si-yeol(宋時烈, 1607~1689), who were the writers of Kim Jang-saeng(金長生, 1548~1631). Donam Seowon is supposed to have weakened the status of scholarship and the activities of lectures as HwaYang Seowon and Seoksil Seowon, which principals were all the Noron(老論) scholars, grew to be the center of education institution of the Noron. Donam Seowon have not preserved the school regulations. But the way of operating system of Donam Seowon can be guessed through the letter of Song Joon-gil, who was the headmaster of the late 17th century on the whole operation of Donam Seowon. From this letter, it is assumed that the school of Donam Seowon is similar to the 'Unbyoung-Jungsa regulations' written by Lee Yi(李珥). The headmasters of Donam Seowon was the Noron scholars. And scholars of the Kim Chang-hyeop(金昌協, 1651~1708) school became headmasters more than the scholars of Kwon Sang-ha(權尙夏, 1641~1721) school. Headmasters of the Donam Seowon had served as the headmasters of HwaYang Seowon and Seoksil Seowon also. In the early days of the establishment of the Donam Seowon, the lecture activities conducted in Donam Seowon were preceded by the textbooks of Kim Jang-saeng/Song Si-yeol's teaching curriculum and neo-confucian books[i.e Sohak (小學)${\rightarrow}$Family Ritual(家禮)${\rightarrow}$Simkyong(心經)${\rightarrow}$Keunsarok(近思錄). It is assumed that the scholars of Seoksil Seowon, who was a Noron Nak-ron(洛論) scholars, gradually adopted Lee Yi's teaching curriculum[i.e, Sohak(小學)${\rightarrow}$Sasoe(四書)${\rightarrow}$Okyoung(五經)]. This lecture contents and procedure was contents and procedure of the Seoksil Seowon, established and operated by the scholars of the Kim Chang-hyeop school. Entrance qualification of Donam Seowon's did not place importance on the social status, but on scholarship and personality. The examination for a high-ranking government official was not allowed. Although the principle, students had to participate in the lecture and study(講學), they were living in Seowon, while the financial and operating of the Seowon became increasingly difficult, the students were changed to participate in the conference(講會) held twice a month while studying at their homes.

The Origin of Changseung and Ongjung Stone (장승의 기원과 옹중석)

  • Chung, Seung Mo
    • Korean Journal of Heritage: History & Science
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    • v.46 no.1
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    • pp.160-175
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    • 2013
  • There is the need to make a sharp distinction as regards JANGSEUNGs (Korean traditional totem poles) that are different in origin, history and function. This study is to identify the functions of the figures, as well as to trace stone JANGSEUNGs to their origins. In this regard, researched were conducted into the origins of JANGSEUNGs and their changes in history. There was a tradition in the GORYEO Dynasty (an ancient dynasty in the Korean Peninsula) that it erected JANGSAENGs (the archaic name of JANGSEUNGs) or allied stone figures within temples; especially, 'TONGDOSA GUKJANGSAENG SEOKPYO (a stone JANGSAENG that was erected by the royal command and is at the entrance of TONGDO Temple located in YANGSAN, South GYEONGSANG Province, South Korea)' functions as a stone monument rather than as a stone sign. In the engraved inscription, it is written that it should be erected in the form of PANA as before. 'PANA' refers to 'ZHONGKUI', a god in Chinese Taoism believed to exorcise devils that spread diseases. The inscription is to define the territory of TONGDO Temple. The article on HAN JUN GYEOM in a book 'WORAKGI (a travelogue on WORAK Mountain in North CHUNGCHEONG Province, South Korea)' written by HEO MOK makes it possible to guess the scale of GUKJANGSAENGs erected in DOGAP Temple. The stones, on which 'GUKJANGSAENG' or 'HWANGJANGSAENG' were engraved, are not JANGSAENGs but are demarcation posts. In the JOSEON Dynasty (the last dynasty in the Korean Peninsula) JANGSAENGs functioned as signposts. Unlike JANGSAENGs in temples, they were made of wood. At first, the word 'JANGSAENG' was written '長生' in Chinese characters, but in the JOSEON Dynasty another character '木 (wood)' was added to them, and thus the orthography was likely to change into 'JANGSEUNG.' In the JOSEON Dynasty, in addition, optative or geomantic figures were not called 'JANGSEUNG.' Historically, for instance, there has been no case where 'DOL HARBANGs (stone figures found only in JEJU ISLAND, South Korea)' are called 'JANGSEUNG.' In a book 'TAMRA GINYEON (a historical record on JEJU Island, South Korea)' it is written that KIM MONG GYU, JEJU governor, erected ONGJUNG Stones outside the fortress gate. ONGJUNG Stones usually refer to stone statues erected in front of ancient kings or dignitaries' mausoleums. Moreover, they were geomantic figures erected to suppress miasma. A magazine 'GWANGJUEUPJI (a journal on old GWANGJU, South Korea, 1899)' shows that two two ONGJUNG Stones were so erected that they might look at each other to suppress miasma from a pathway through which lucks lose. On the two stone figures located in BUAN-EUP, North JEOLLA Province, South Korea, inscriptions 'SANGWON JUJANGGUN' and 'HAWON DANGJANGGUN' were engraved. The words are to identify the figures' sexes. They are a kind of optative geomantic figures, and therefore there is no reason to call them 'JANGSAENG' or 'JANGSEUNG' or 'DANGSAN.' The words 'SANGWON' and 'HAWON' are closely associated with Taoism. Since then, the words have been widely used as inscriptions on stone figures in temples, and subsequently are used for JANGSEUNGs. A hatted ONGJUNG Stone, found in BUKANSAN Fortress, disappeared and other ones may be being buried somewhere. Meanwhile, ONGJUNG Stones in JEJU Island and stone figures in BUAN-EUP have hardly been displaced and thus have properly functioned. Stone figures, made in those days, seem to be most similar in function to JANGSAENGs made during the GORYEO Dynasty. Specifically, like earlier JANGSAENGs, stone figures made during the early to mid-18th century were likely to function not only as optative figures but as boundary stones. Most of stone figures in temples were made whenever the land use survey was conducted throughout the nation, but given that at the same period of time, the commonalty filed many lawsuits against grave sites, temples might erect many stone figures to mark their territories. Currently, wooden or stone figures are commonly called 'JANGSEUNG', but they were erected in different epochs and for different reasons. Their origins are to be sought in stone figures that functioned not only as optative figures in temples but as boundary stones during the GORYEO Dynasty.

A Study on the Natural Landscape System and Space Organization of Musudong Village's Yuhoidang Garden(Hageohwon) (무수동 유회당 원림(하거원(何去園))의 산수체계와 공간구성)

  • Shin, Sang-Sup;Kim, Hyun-Wuk;Kang, Hyun-Min
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.29 no.3
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    • pp.106-115
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    • 2011
  • This study, based on (edited in 18th century), analysed the landscape system and cultural landscape elements of Yuhoidang(Hageowon 何去園) Garden in Musu-dong, Daejeon, and the findings are as in the following. YuHoidang(Gwon Yijin 權以鎭) managed Hageowon Garden in Musu-dong, located on the southern branch of Mt. Bomun, to realize his utopia. The completion of Hageowon Garden was only possible due to his installation of a variety of facilities in family gravesite on the hill behind his house: Shimyoso(Samgeunjeongsa 三近精舍, in 1707), Naboji(納汚池, in 1713), Banhwanwon(in 1714) and expended exterior space(in 1727). With regard to the landscape system of the village, the main range of mountains consists of Mt. Daedun, Mt. Odae and Mt. Bomun. The main high mountain of the three is Mt. Bomun, where 'Blue Dragon' hill branches off on the east side(Eungbong), 'White Tiger' in the west(Cheongeun and Sajeong) and Ansan(inner mountain) in the south. The landscape system is featured by 'mountains in back and rivers in front'. The river in the south-west, with its source in Mt. Juryun is called as the 'Stream of outer perfect spot', while the 'Stream of inner perfect spot' rises from Eungbong, passing through the east part of the village into the south-western direction. Banhwanwon Garden(盤桓園) was created with the stream in the east and natural bedrocks, and its landscape elements includes Naboji, Hwalsudam, Gosudae, Sumi Waterfall, Dogyeong(path of peach trees), Odeeokdae(platform with persimmon trees), Maeryong(Japanese apricot tree), springs and observatories. An expanded version of Banhwanwon was Hageowon garden, where a series of 'water-trees-stone' including streams, four ponds, five observation platforms, three bamboo forests and Chukgyeongwon(縮景園) of an artificial hill gives the origin forest a scenic atmosphere. When it comes to semantics landscape elements, there are (1) Yuhoidang to cherish the memory of a deceased parents, (2) Naboji for family unification, (3) Gosudae to keep fidelity, (4) Odeokdae to collect virtue and wisdom, (5) Sumi Waterfall to aspire to be a man of noble character, (6) Yocheondae for auspicious life, (7) Sumanheon and Gigungjae to be in pursuit of hermitic life, (8) Hwalsudam for development of family and study, (9) Mongjeong to repay favor of ancestors, (10) Seokgasan, a symbol of secluded life, (11) Hageowon to enjoy guarding graves in retired life. The spatial composition of Hageowon was realized through (1) Yuhoidang's inside gardens(Naboji, Jucheondang, Odeokdae, Dogyeong, Back yard garden and others) (2) Sumanheon(收漫軒) Byeolup or Yuhoidang's back yard gardens (Seokyeonji, Yocheondae, Sumanheon, Baegyeongdae, Amseokwon and others) (3) Chukgyeongwon of the artificial hill(which is also the east garden of Sumanheon, being composed of Hwalsudam, Sumi Waterfall and Gasan or 12 mountaintops) (4) the scenic spots for unifying Confucianism, Buddhism and Taoism are Cemetry garden in the back hill of the village, the temple of Yeogyeongam, Sansinkak(ancestral ritual place of folk religion) and Geoeopjae(family school). On top of that, Chagyeongwon Garden(借景園) commands a panoramic distant view of nature's changing beauty through the seasons.

Liability of the Compensation for Damage Caused by the International Passenger's Carrier by Air in Montreal Convention (몬트리올조약에 있어 국제항공여객운송인의 손해배상책임)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.18
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    • pp.9-39
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    • 2003
  • The rule of the Warsaw Convention of 1929 are well known and still being all over the world. The Warsaw Convention is undoubtedly the most widely accepted private international air law treaty with some 140 countries. In the international legal system for air transportation, the Warsaw Convention has played a major role for more than half century, and has been revised many times in consideration of the rapid developments of air high technology, changes of social and economic circumstances, need for the protection of passengers. Some amendments became effective, but others are still not effective. As a result, the whole international legal system for air transportation is at past so complicated and tangled. However, the 'Warsaw system' consists of the Warsaw Convention of 1929 the Guadalajara Convention of 1961, a supplementary convention, and the following six protocols: (1) the Hague Protocol of 1955, (2) the Guatemala Protocol of 1971, (3) the Montreal Additional Protocols, No.1, (4) the Montreal Additional Protocol No.2, (5) the Montreal Additional Protocol No.3, and (6) the Montreal Additional Protocol No.4. of 1975. As a fundamental principle of the air carrier's liability in the international convention and protocols, for instance in the Warsaw Convention and the Hague Protocol, the principle of limited liability and a presumed fault system has been adopted. Subsequently, the Montreal Inter-carrier Agreement of 1966, the Guatemala City Protocol, the Montreal Additional Protocol No.3, and the Montreal Additional Protocol No. 4 of 1975 maintained the limited liability, but substituted the presumed liability system by an absolute liability, that is, strict liability system. The Warsaw System, which sets relatively low compensation limits for victims of aircraft accidents and regulates the limited liability for death and injury of air passengers, had become increasingly outdated. Japanese Airlines and Inter-carrier Agreement of International Air Transport Association in 1995 has been adopted the unlimited liability of air carrier in international flight. The IATA Inter-Carrier Agreement, in which airlines in international air transportation agree to waive the limit of damages, was long and hard in coming, but it was remarkable achievement given the political and economic realities of the world. IATA deserves enormous credit for bringing it about. The Warsaw System is controversial and questionable. In order to find rational solution to disputes between nations which adopted differing liability systems in international air transportation, we need to reform the liability of air carriers the 'Warsaw system' and fundamentally, to unify the liability system among the nations. The International Civil Aviation Organization(ICAO) will therefore reinforce its efforts to further promote a legal environment that adequately reflects the public interest and the needs of the parties involved. The ICAO Study Group met in April, 1998, together with the Drafting Committee. The time between the "Special Group on the Modernization and Consolidation of the 'Warsaw system'(SGMW)" and the Diplomatic Conference must be actively utilized to arrange for profound studies of the outstanding issues and for wide international consultations with a view to narrowing the scope of differences and preparing for a global international consensus. From 11 to 28 May 1999 the ICAO Headquarters at Montreal hosted a Diplomatic Conference convened to consider, with a view to adoption, a draft Convention intended to modernize and to integrate replace the instruments of the Warsaw system. The Council of ICAO convened this Conference under the Procedure for the Adoption of International Conventions. Some 525 participants from 121 Contracting States of ICAO attended, one non-contracting State, 11 observer delegations from international organizations, a total of 544 registered participants took part in the historic three-week conference which began on 10 May. The Conference was a success since it adopted a new Convention for the Unification of Certain Rules for International Carriage by Air. The 1999 Montreal Convention, created and signed by representatives of 52 countries at an international conference convened by ICAO at Montreal on May 28, 1999, came into effect on November 4, 2003. Representatives of 30 countries have now formally ratified the Convention under their respective national procedures and ratification of the United States, which was the 30th country to ratify, took place on September 5, 2003. Under Article 53.6 of the Montreal Convention, it enters into force on the 60th day following the deposit of the 30th instrument of ratification or acceptation. The United States' ratification was deposited with ICAO on September 5, 2003. The ICAO have succeeded in modernizing and consolidating a 70-year old system of international instruments of private international law into one legal instrument that will provide, for years to come, an adequate level of compensation for those involved in international aircraft accidents. An international diplomatic conference on air law by ICAO of 1999 succeeded in adopting a new regime for air carrier liability, replacing the Warsaw Convention and five other related legal instruments with a single convention that provided for unlimited liability in relation to passengers. Victims of international air accidents and their families will be better protected and compensated under the new Montreal Convention, which modernizes and consolidates a seventy-five year old system of international instruments of private international law into one legal instrument. A major feature of the new legal instrument is the concept of unlimited liability. Whereas the Warsaw Convention set a limit of 125,000 Gold Francs (approximately US$ 8,300) in case of death or injury to passengers, the Montreal Convention introduces a two-tier system. The first tier includes strict liability up to l00,000 Special Drawing Rights (SDR: approximately US$ 135,000), irrespective of a carrier's fault. The second tier is based on presumption of fault of a carrier and has no limit of liability. The 1999 Montreal Convention also includes the following main elements; 1. In cases of aircraft accidents, air carriers are called upon to provide advance payments, without delay, to assist entitled persons in meeting immediate economic needs; the amount of this initial payment will be subject to national law and will be deductable from the final settlement; 2. Air carriers must submit proof of insurance, thereby ensuring the availability of financial resources in cases of automatic payments or litigation; 3. The legal action for damages resulting from the death or injury of a passenger may be filed in the country where, at the time of the accident, the passenger had his or her principal and permanent residence, subject to certain conditions. The new Montreal Convention of 1999 included the 5th jurisdiction - the place of residence of the claimant. The acceptance of the 5th jurisdiction is a diplomatic victory for the US and it can be realistically expected that claimants' lawyers will use every opportunity to file the claim in the US jurisdiction - it brings advantages in the liberal system of discovery, much wider scope of compensable non-economic damages than anywhere else in the world and the jury system prone to very generous awards. 4. The facilitation in the recovery of damages without the need for lengthy litigation, and simplification and modernization of documentation related to passengers. In developing this new Montreal Convention, we were able to reach a delicate balance between the needs and interests of all partners in international civil aviation, States, the travelling public, air carriers and the transport industry. Unlike the Warsaw Convention, the threshold of l00,000 SDR specified by the Montreal Convention, as well as remaining liability limits in relation to air passengers and delay, are subject to periodic review and may be revised once every five years. The primary aim of unification of private law as well as the new Montreal Convention is not only to remove or to minimize the conflict of laws but also to avoid conflict of jurisdictions. In order to find a rational solution to disputes between nations which have adopted differing liability systems in international air transport, we need fundamentally to reform their countries's domestic air law based on the new Montreal Convention. It is a desirable and necessary for us to ratify rapidly the new Montreal Convention by the contracting states of lCAO including the Republic of Korea. According to the Korean and Japanese ideas, airlines should not only pay compensation to passengers immediately after the accident, but also the so-called 'condolence' money to the next of kin. Condolence money is a gift to help a dead person's spirit in the hereafter : it is given on account of the grief and sorrow suffered by the next of kin, and it has risen considerably over the years. The total amount of the Korean and Japanese claims in the case of death is calculated on the basis of the loss of earned income, funeral expenses and material demage (baggage etc.), plus condolence money. The economic and social change will be occurred continuously after conclusion of the new Montreal Convention. In addition, the real value of life and human right will be enhanced substantially. The amount of compensation for damage caused by aircraft accident has increased in dollar amount as well as in volume. All air carrier's liability should extend to loss of expectation of leisure activities, as well as to damage to property, and mental and physical injuries. When victims are not satisfied with the amount of the compensation for damage caused by aircraft accident for which an airline corporation is liable under the current liability system. I also would like to propose my opinion that it is reasonable and necessary for us to interpret broadly the meaning of the bodily injury on Article 17 of the new Montreal Convention so as to be included the mental injury and condolence. Furthermore, Korea and Japan has not existed the Air Transport Act regulated the civil liability of air carrier such as Air Transport Act (Luftverkehrsgestz) in Germany. It is necessary for us to enact "the Korean Air Transport Contract Act (provisional title)" in order to regulate the civil liability of air carrier including the protection of the victims and injured persons caused by aircraft accident.

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A Morphological Study of Bamboos by Vascular Bundle Sheath (대나무류(類)의 유관속초(維管束鞘)에 의(依)한 형태학적(形態學的) 연구(硏究))

  • Kim, Jai Saing
    • Journal of Korean Society of Forest Science
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    • v.25 no.1
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    • pp.13-47
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    • 1975
  • Among the many species of bamboo, it is well known that the dwarf-type is widely distributed in the tropical regions, and the slender type in temperated zone. In the temperated zone the trees have extensively differentiated into one hundred species in 50 genera. In many oriental countries, the bamboo wood is being used as a material for construction and for the manufacture of technical instruments. The bamboo shoot is also regarded as a good and delicious edible resource. Moreover, recent medical investigation verifies that the sap of certain species of the bamboo is an antibiotic effect against cancer. Fortunately, it is very easy to propagate the bamboo trees by using cutting from southeastern Asian countries. This important resource can further be used as a significant source of pulp, which is becoming increasingly important. The classification system of this significant resource has not been completely established to date, even though its importance has been emphasized. Initiated by Canlevon Linne in the 18th century, a classification method concerning the morphological characteristics of flowers was the first step in developing a classification. But it was not an easy task to accomplish, because this type of classification system is based on the sexual organs in bamboo trees. Because the bamboo has a long life cycle of 60-120 years and classification according to this method was very difficult as the materials for the classification are not abundant and some species have changed, even though many references related to the morphological classification of bamboo trees are available nowadays. So, the certification of bamboo trees according to the morphological classification system is not reasonable for us. Consequently, the classification system of bamboo trees on the basis of endomorphological characteristics was initiated by Chinese-born Liese. And classification method based on the morphological characteristics of the vascular bundle was developed by Grosser. These classification methods are fundamentally related to Holltum's classification method, which stressed the morphology of the ovary. The author investigated to re-establish a new classification method based on the vascular sheath. Twenty-six species in 11 genera which originated from Formosa where used in the study. The results obtained from the investigation were somewhat coordinated with those of Crosser. Many difficulties were found in distinguishing the species of Bambusa and Dendrocalamus. These two species were critically differentiated under the new classification system, which is based on the existence of a separated vascular bundle sheath in the bamboo. According to these results, it is recommended that Babusa divided into two groups by placing it into either subspecies or the lower categories. This recommendation is supported by the observation that the evolutional pattern of the bamboo thunk which is from outward to inward. It is also supported by the viewpoint that the fundamental hypothesis in evolution is from simple to complex. There remained many problems to be solved through more critical examination by comparing the results to those of the classification based on the sexual organs method. The author observed the figure of the cross-sectional area of vascular trunk of bamboo tree and compared the results with those of Grosser and Liese, i.e. A, $B_1$, $B_2$, C, and D groups in classification. Group A and $B_2$ were in accordance with the results of those scholars, while group D showed many differences, Grosser and Liese divided bamboo into "g" type and "h" type according to the vascular bundle type; and they included Dendrocalamus and Bambusa in Group D without considering the type of vascular bundle sheath. However, the results obtained by the author showed that Dendrocalamus and Bambusa are differentiated from each other. By considering another group, "i" identified according to the existence of separated vascular bundle sheath. Bambusa showed to have a separated vascular bundle sheath while Dendrocalamus does not have a separated vascular bundle sheath. Moreover, Bambusa showed peculiar characteristics in the figure of vascular development, i.e., one with an inward vascular bundle sheath and the other with a bivascular bundle sheath (inward and outward). In conclusion, the bamboo species used in this experiment were classified in group D, without any separated vascular bundle sheath, and in group E, with a vascular bundle sheath. Group E was divided into two groups, i.e., and group $E_1$, with bivascular sheath, and group $E_2$, with only an inward vascular sheath. Therefore, the Bambusa in group D as described by Grosser and Liese was included in group E. Dendrocalamus seemed to be the middle group between group $E_l$ and group $E_2$ under this classification system which is summarized as follows: Phyllostachys-type: Group A - Phyllostachys, Chymonobambus, Arundinaria, Pseudosasa, Pleioblastus, Yashania Pome-type: Group $B_2$ - Schizostachyum, Melocanna Hemp-type: Group D - Dendrocalamu Bambu-type: Group $E_1$ - Bambusa ghi.

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A Study on The 'Kao Zheng Pai'(考證派) of The Traditional Medicine of Japan (일본 '고증파(考證派)' 의학에 관한 연구)

  • Park, Hyun-Kuk;Kim, Ki-Wook
    • Journal of Korean Medical classics
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    • v.20 no.4
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    • pp.211-250
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    • 2007
  • 1. The 'Kao Zheng Pai(考證派) comes from the 'Zhe Zhong Pai' and is a school that is influenced by the confucianism of the Qing dynasty. In Japan Inoue Kinga(井上金娥), Yoshida Koton(吉田篁墩) became central members, and the rise of the methodology of historical research(考證學) influenced the members of the 'Zhe Zhong Pai', and the trend of historical research changed from confucianism to medicine, making a school of medicine based on the study of texts and proving that the classics were right. 2. Based on the function of 'Nei Qu Li '(內驅力) the 'Kao Zheng Pai', in the spirit of 'use confucianism as the base', researched letters, meanings and historical origins. Because they were influenced by the methodology of historical research(考證學) of the Qing era, they valued the evidential research of classic texts, and there was even one branch that did only historical research, the 'Rue Xue Kao Zheng Pai'(儒學考證派). Also, the 'Yi Xue Kao Zheng Pai'(醫學考證派) appeared by the influence of Yoshida Kouton and Kariya Ekisai(狩谷掖齋). 3. In the 'Kao Zheng Pai(考證派)'s theories and views the 'Yi Xue Kao Zheng Pai' did not look at medical scriptures like the "Huang Di Nei Jing"("黃帝內經") and did not do research on 'medical' related areas like acupuncture, the meridian and medicinal herbs. Since they were doctors that used medicine, they naturally were based on 'formulas'(方劑) and since their thoughts were based on the historical ideologies, they valued the "Shang Han Ja Bing Lun" which was revered as the 'ancestor of all formulas'(衆方之祖). 4. The lives of the important doctors of the 'Kao Zheng Pai' Meguro Dotaku(目黑道琢) Yamada Seichin(山田正珍), Yamada Kyoko(山田業廣), Mori Ritsi(森立之) Kitamura Naohara(喜多村直寬) are as follows. 1) Meguro Dotaku(目黑道琢 1739${\sim}$1798) was born of lowly descent but, using his intelligence and knowledge, became a professor as a Shi Jing Yi(市井醫) and as a professor for 34 years at Ji Shou Guan mastered the "Huang Di Nei Jing" after giving over 300 lectures. Since his pupil, Isawara Ken taught the Lan Men Wu Zhe(蘭門五哲) and Shibue Chusai, Mori Ritsi(森立之), Okanishi Gentei(岡西玄亭), Kiyokawa Gendoh(淸川玄道) and Yamada Kyoko(山田業廣), Meguro Dotaku is considered the founder of the 'Yi Xue Kao Zheng Pai'. 2) The family of Yamada Seichin(山田正珍 1749${\sim}$1787) had been medical officials in the Makufu(幕府) and the many books that his ancestors had left were the base of his art. Seichin learned from Shan Ben Bei Shan(山本北山), a 'Zhe Zhong Pai' scholar, and put his efforts into learning, teaching and researching the "Shang Han Lun"("傷寒論"). Living in a time between 'Gu Fang Pai'(古方派) member Nakanishi Goretada(中西惟忠) and 'Kao Zheng Pai' member Taki Motohiro(多紀元簡), he wrote 11 books, 2 of which express his thoughts and research clearly, the "Shang Han Lun Ji Cheng"("傷寒論集成") and "Shang Han Kao"("傷寒考"). His comparison of the 'six meridians'(3 yin, 3 yang) between the "Shang Han Lun" and the "Su Wen Re Lun"("素問 熱論) and his acknowledgement of the need and rationality of the concept of Yin-Yang and Deficient-Replete distinguishes him from the other 'Gu Fang Pai'. Also, his dissertation of the need for the concept doesn't use the theories of latter schools but uses the theory of the "Shang Han Lun" itself. He even researched the historical parts, such as terms like 'Shen Nong Chang Bai Cao'(神農嘗百草) and 'Cheng Qi Tang'(承氣湯) 3) The ancestor of Yamada Kyoko(山田業廣) was a court physician, and learned confucianism from Kao Zheng Pai 's Ashikawa Genan(朝川善庵) and medicine from Isawa Ranken and Taki Motokata(多紀元堅), and the secret to smallpox from Ikeda Keisui(池田京水). He later became a lecturer at the Edo Yi Xue Guan(醫學館) and was invited as the director to the Ji Zhong(濟衆) hospital. He also became the first owner of the Wen Zhi She(溫知社), whose main purpose was the revival of kampo, and launched the monthly magazine Wen Zi Yi Tan(溫知醫談). He also diagnosed and prescribed for the prince Ming Gong(明宮). His works include the "Jing Fang Bian"("經方辨"), "Shang Han Lun Si Ci"("傷寒論釋司"), "Huang Zhao Zhu Jia Zhi Yan Ji Yao"("皇朝諸家治驗集要") and "Shang Han Ja Bing Lun Lei Juan"("傷寒雜病論類纂"). of these, the "Jing Fang Bian"("經方辨") states that the Shi Gao(石膏) used in the "Shang Han Lun" had three meanings-Fa Biao(發表), Qing Re(淸熱), Zi Yin(滋陰)-which were from 'symptoms', and first deducted the effects and then told of the reason. Another book, the "Jiu Zhe Tang Du Shu Ji"("九折堂讀書記") researched and translated the difficult parts of the "Shang Han Lun", "Jin Qui Yao Lue", "Qian Jin Fang"("千金方"), and "Wai Tai Mi Yao"("外臺秘要"). He usually analyzed the 'symptoms' of diseases but the composition, measurement, processing and application of medicine were all in the spectrum of 'analystic research' and 'researching analysis'. 4) The ancestors of Mori Rits(森立之 1807${\sim}$ 1885) were warriors but he became a doctor by the will of his mother, and he learned from Shibue Chosai(澁江抽齋) and Isawaran Ken and later became a pupil of Shou Gu Yi Zhai, a historical research scholar. He then became a lecturer of medical herbs at the Yi Xue Guan, and later participated in the proofreading of "Yi Xin Fang"("醫心方") and with Chosai compiled the "Jing Ji Fang Gu Zhi"("神農本草經"). He visited the Chinese scholar Yang Shou Jing(楊守敬) in 1881 and exchanged books and ideas. Of his works, there are the collections(輯複本) of "Shen Nong Ben Cao Jing"(神農本草經) and "You Xiang Yi Hwa"("遊相醫話") and the records, notes, poems, and diaries such as "Zhi Yuan Man Lu"("枳園漫錄") and "Zhi Yuan Sui Bi"("枳園隨筆") that were not published. His thoughts were that in restoring the "Shen Nong Ben Cao Jing", "the herb to the doctor is like the "Shuo Wen Jie Zi"("說文解字") to the scholar", and he tried to restore the ancient herbal text using knowledge of medicine and investigation(考據). Also with Chosai he compiled the "Jing Ji Fang Gu Zhi"("經籍訪古志") using knowledge of ancient text. Ritzi left works on pure investigation, paid much attention to social problems, and through 12 years of poverty treated all people and animals in all branches of medicine, so he is called a 'half confucianist half doctor'(半儒半醫). 5) Kitamurana Ohira(喜多村直寬 1804${\sim}$1876) learned scriptures and ancient texts from confucian scholar Asaka Gonsai, and learned medicine from his father Huai Yaun(槐園). He became a teacher in the Yi Xue Guan in his middle ages, and to repay his country, he printed 266 volumes of "Yi Fang Lei Ju("醫方類聚") and 1000 volumes of "Tai Ping Yu Lan"("太平禦覽") and devoted it to his country to be spread. His works are about 40 volumes including "Jin Qui Yao Lue Shu Yi" and "Lao Yi Zhi Yan" but most of them are researches on the "Shang Han Za Bing Lun". In his "Shang Han Lun Shu Yi"("傷寒論疏義") he shows the concept of the six meridians through the Yin-Yang, Superficial or internal, cold or hot, deficient or replete state of diseases, but did not match the names with the six meridians of the meridian theory, and this has something in common with the research based on the confucianism of Song(宋儒). In clinical treatment he was positive toward old and new methods and also the experience of civilians, but was negative toward western medicine. 6) The ancestor of the Taki family Tanbano Yasuyori(丹波康賴 912-955) became a Yi Bo Shi(醫博士) by his medical skills and compiled the "Yi Xin Fang"("醫心方"). His first son Tanbano Shigeaki(丹波重明) inherited the Shi Yao Yuan(施藥院) and the third son Tanbano Masatada(丹波雅忠) inherited the Dian You Tou(典藥頭). Masatada's descendents succeeded him for 25 generations until the family name was changed to Jin Bao(金保) and five generations later it was changed again to Duo Ji(多紀). The research scholar Taki Motohiro was in the third generation after the last name was changed to Taki, and his family kept an important part in the line of medical officers in Japan. Taki Motohiro(多紀元簡 1755-1810) was a teacher in the Yi Xue Guan where his father was residing, and became the physician for the general Jia Qi(家齊). He had a short temper and was not good at getting on in the world, and went against the will of the king and was banished from Ao Yi Shi(奧醫師). His most famous works, the "Shang Han Lun Ji Yi" and "Jin Qui Yao Lue Ji Yi" are the work of 20 years of collecting the theories of many schools and discussing, and is one of the most famous books on the "Shang Han Lun" in Japan. "Yi Sheng" is a collection of essays on research. Also there are the "Su Wen Shi"("素問識"), "Ling Shu Shi"("靈樞識"), and the "Guan lu Fang Yao Bu"("觀聚方要補"). Taki Motohiro(多紀元簡)'s position was succeeded by his third son Yuan Yin(元胤 1789-1827), and his works include works of research such as "Nan Jing Shu Jeng"("難經疏證"), "Ti Ya"("體雅"), "Yao Ya"("藥雅"), "Ji Ya"("疾雅"), "Ming Yi Gong An"("名醫公案"), and "Yi Ji Kao"("醫籍考"). The "Yi Ji Kao" is 80 volumes in length and lists about 3000 books on medicine in China before the Qing Dao Guang(道光), and under each title are the origin, number of volumes, state of existence, and, if possible, the preface, Ba Yu(跋語) and biography of the author. The younger sibling of Yuan Yin(元胤 1789-1827), Yuan Jian(元堅 1795-1857) expounded ancient writings at the Yi Xue Guan only after he reached middle age, was chosen for the Ao Yi Shi(奧醫師) and later became a Fa Yan(法眼), Fa Yin(法印) and Yu Chi(樂匙). He left about 15 texts, including "Su Wen Shao Shi"("素間紹識"), "Yi Xin Fang"("醫心方"), published in school, "Za Bing Guang Yao"("雜病廣要"), "Shang Han Guang Yao"(傷寒廣要), and "Zhen Fu Yao Jue"("該腹要訣"). On the Taki family's founding and working of the Yi Xue Guan Yasuka Doumei(失數道明) said they were "the people who took the initiative in Edo era kampo medicine" and evaluated their deeds in the fields of 'research of ancient text', 'the founding of Ji Shou Guan and medical education', 'publication business', 'writing of medical text'. 5. The doctors of the 'Kao Zheng Pai ' based their operations on the Edo Yi Xue Guan, and made groups with people with similar ideas to them, making a relationship 'net'. For example the three families of Duo Ji(多紀), Tang Chuan(湯川) and Xi Duo Cun(喜多村) married and adopted with and from each other and made prefaces and epitaphs for each other. Thus, the Taki family, the state science of the Makufu, the tendency of thinking, one's own interests and glory, one's own knowledge, the need of the society all played a role in the development of kampo medicine in the 18th and 19th century.

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