예치의 원리가 작동하는 유교사회에서 군주는 예를 제정하고 집행하는 지존의 존재였지만, 동시 에 예는 군주를 규율하는 견제 장치로 활용되었다. 이글은 예를 통해 군주의 권력을 제한하고자 했던 유교국가의 예치 이념을‘유교입헌주의(confucian constitutionalism)’로 규정하고자 한다. 특히 유 교입헌주의의 정전(正典)으로 확립된『예기』는 새 로운 거대 제국의 통치 질서를 확립하려는 한대의 정치적 문제의식이 가미되면서, 유교와 법가의 통 치원리가 습합된 동양사회의 헌정 규범으로 전승 되었다. 유교입헌주의의 관점에서『예기』는 천자를 천하에 군림하는 지존의 존재로 설정했지만, 동시 에 도덕규범과 법제를 준수하지 않는 자의적 권력 행사는 견제의 대상이었다. 『예기』가 지향하는 유 교입헌주의는 황권을 부인하지 않는 범위 내에서 자의적 권력 행사에 대한 견제를 허용하는 절충적 구조였다. 이념적인 측면에서 볼 때, 한대 이후 중 국 사회가 거대 제국의 효율성과 안정성을 동시에 충족시키면서 비교적 장기간 지속할 수 있었던 것 은 이러한 권력의 길항을 허용하는 유교입헌주의 의 소산이었다.

In the Confucian society where the principle of rule of rites had been working, the son of Heaven was the highest ruler who legislated and executed the rites. But at the same time the rites was utilized as a restraint apparatus to discipline the power of the son of Heaven. The aim of this paper is to define the ideology of Confucian rule of rites which tried to restraint the power of the son of Heaven as Confucian Constitutionalism. The Book of Rites was established as a canon of Confucian Constitutionalism when the Confucian scholars of Han dynasty propelled to settle the ruling ideology of new gigantic empire. Therefore from that time on the Book of Rites had begun to be handed down as a Constitutional canon which combined the Confucianism and Legalism. From the Confucian Constitutional perspective, the Book of Rites had defined the son of Heaven as the highest ruler under Heaven, but his arbitrary power which did not conform to moral regulation and legal institution was the object of restraints from subjects. The Confucian Constitutionalism in the Book of Rites aims an eclectic structure which permitted subjects’restraints on the son of Heaven’s arbitrary power without denying the King’s power. From the ideological perspectives, the longevity of Chinese empire from the Han dynasty was the product of Confucian Constitutionalism which permitted the rivalry of powers between King and subjects.

In the Confucian society where the principle of rule of rites had been working, the son of Heaven was the highest ruler who legislated and executed the rites. But at the same time the rites was utilized as a restraint apparatus to discipline the power of the son of Heaven. The aim of this paper is to define the ideology of Confucian rule of rites which tried to restraint the power of the son of Heaven as Confucian Constitutionalism. The Book of Rites was established as a canon of Confucian Constitutionalism when the Confucian scholars of Han dynasty propelled to settle the ruling ideology of new gigantic empire. Therefore from that time on the Book of Rites had begun to be handed down as a Constitutional canon which combined the Confucianism and Legalism. From the Confucian Constitutional perspective, the Book of Rites had defined the son of Heaven as the highest ruler under Heaven, but his arbitrary power which did not conform to moral regulation and legal institution was the object of restraints from subjects. The Confucian Constitutionalism in the Book of Rites aims an eclectic structure which permitted subjects’restraints on the son of Heaven’s arbitrary power without denying the King’s power. From the ideological perspectives, the longevity of Chinese empire from the Han dynasty was the product of Confucian Constitutionalism which permitted the rivalry of powers between King and subjects.

the Book of Rites, Confucian Constitutionalism, Confucianization of Law, the triumph of Confucianism, Legalization of Confucianism