Chinese Legal Tradition Under The Mongols

Author : Paul Heng-chao Ch'en
Publisher : Princeton University Press
Page : 232 pages
File Size : 40,7 Mb
Release : 2015-03-08
Category : Law
ISBN : 9781400867721

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Chinese Legal Tradition Under the Mongols by Paul Heng-chao Ch'en Pdf

The evolution of China's legal tradition was one of the most striking aspects of the transformation of Chinese civilization under Mongolian domination. Paul Ch'en's exploration of the legal system of the Yuan dynasty (1271-1368) and its first substantial legal code (the Chih-yuan hsin-ko, or Chih-yiian New Code) provides a key to our understanding of the impact of the Mongols on traditional Chinese law and society. Originally published in 1979. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Author : Jinfan Zhang
Publisher : Springer Science & Business Media
Page : 719 pages
File Size : 41,5 Mb
Release : 2014-02-20
Category : Law
ISBN : 9783642232664

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The Tradition and Modern Transition of Chinese Law by Jinfan Zhang Pdf

The book was first published in 1997, and was awarded the first prize of scientific research by the Ministry of Justice during the ninth Five-Year Plan of China. In 2005, it was adopted the text book for the postgraduates of law majors. In 2009, it was awarded the second prize of the best books on law in China. The book discusses from different aspects the long legal tradition in China, and it not only helps us to have a further understanding of Chinese legal system but also combines theories and practice and illustrate the modern legal transition which probes the history of Chinese legal system. As is known to us all, China is a country with a long legal history, which can be traced back to more than three thousand year ago. So the legal tradition of China has been passed down from generation to generation without any interruptions. This feature is peculiar to Chinese legal history which is beyond all comparison with that of other countries such as ancient Egypt, ancient India, ancient Babylon and ancient Persia. Through the study of Chinese legal history we can have a deeper understanding of the histories, features, origins and the transition of Chinese legal tradition. The Chinese legal tradition originated from China, and it is the embodiment of the wisdom and creativity of Chinese civilization. The great many books, researching materials, legal constitutions, archives, files and records of different dynasties in China have provided us with rare, complete and systematic materials to research. The book has a complete, systematic and detailed research on Chinese legal tradition and its transition and it gives people a correct recognition of the process of the perfection of laws during its development and its position as well as its value in the social progress in order to grasp its regular patterns. It also has showed us the most valuable part and core of Chinese legal Tradition and it is a summary of Chinese legal tradition and its transition from different perspectives, different angles and different levels. From the book, we can see that the ancient Chinese Legal Culture had once shocked the world and exerted great influence on the civilization of the world legal system, especially the legal systems in Asian countries. The book also has discussed the reestablishment of law in the late Qing Dynasty and the beginning of the Chinese law’s transition to modernity. In a word, the book has not only combined the legal system and the legal culture together, but also integrated the important historical figures and events ingeniously and it is a valuable and readable book with authenticity.

Author : Jerome Alan Cohen,Fu-mei Chang Chen,R. Randle Edwards
Publisher : Princeton University Press
Page : 448 pages
File Size : 44,6 Mb
Release : 2017-03-14
Category : Law
ISBN : 9781400885831

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Essays on China's Legal Tradition by Jerome Alan Cohen,Fu-mei Chang Chen,R. Randle Edwards Pdf

In this volume of essays a group of scholars from Europe, Japan, the Republic of China, and the United States examines China's legal tradition to determine its importance for the study of both pre-modern China and of contemporary affairs. Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Author : Xiaoqun Xu
Publisher : Oxford University Press
Page : 352 pages
File Size : 43,5 Mb
Release : 2020-08-03
Category : History
ISBN : 9780190060053

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Heaven Has Eyes by Xiaoqun Xu Pdf

Heaven Has Eyes is a comprehensive but concise history of Chinese law and justice from the imperial era to the post-Mao era. Never before has a single book treated the traditional Chinese law and judicial practices and their modern counterparts as a coherent history, addressing both criminal and civil justice. This book fills this void. Xiaoqun Xu addresses the evolution and function of law codes and judicial practices throughout China's long history, and examines the transition from traditional laws and practices to modern ones in the twentieth century. To the Chinese of the imperial era, justice was an alignment of heavenly reason (tianli), state law (guofa), and human relations (renqing). Such a conception did not change until the turn of the twentieth century, when Western-derived notions-natural rights, legal equality, the rule of law, judicial independence, and due process--came to replace the Confucian moral code of right and wrong. The legal-judicial reform agendas that emerged in the beginning of the twentieth century (and are still ongoing today) stemmed from this change in Chinese moral and legal thinking, but to materialize the said principles in everyday practices is a very different order of things, and the past century was fraught with legal dramas and tragedies. Heaven Has Eyes lays out how and why that is the case.

Author : William Elliott Butler
Publisher : BRILL
Page : 1028 pages
File Size : 49,9 Mb
Release : 1982-07-20
Category : Law
ISBN : 9024726859

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The Mongolian Legal System by William Elliott Butler Pdf

Author : Yongping Liu
Publisher : Unknown
Page : 384 pages
File Size : 52,5 Mb
Release : 1998
Category : Law
ISBN : UCSD:31822026168419

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Origins of Chinese Law by Yongping Liu Pdf

"Origins of Chinese Law develops and supports an original, yet controversial, picture of early Chinese law. Casting doubt on the accepted premise that there was a unified system of law and punishment throughout the ancient Chinese empire based on the wuxing, or five punishments, the author suggests a more complicated and diverse picture: that from their earliest origins the Chinese people were subject to different laws and punishments based on their clan or social status." "Using a wealth of literary evidence from the Confucian classics and historical writings, and making use of recent archaeological excavations of oracle bones, bronze inscriptions, and bamboo strips, the author elucidates the central concepts that formed the basis of early Chinese law such as Li, covenant, punishment, and the theories and practice of law of the Qin and Han dynasties."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Author : Janos Jany
Publisher : Springer Nature
Page : 492 pages
File Size : 55,8 Mb
Release : 2020-04-08
Category : Law
ISBN : 9783030437282

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Legal Traditions in Asia by Janos Jany Pdf

This book offers a comparative analysis of traditional Asian legal systems. It combines methods from legal history, legal anthropology, legal philosophy, and substantive law, pursuing a comprehensive approach that offers readers a broad perspective on the topic. The geographic regions covered include the Near East, Middle East, Central Asia, India, China, Japan, and Southeast Asia. For each region, the book first provides historical and political context. Next, it discusses major milestones in the region’s legal history and political institutions, as well as its forms of government. Readers are then presented with fundamental principles and terms needed to understand the legal arguments discussed. The book begins with the Ancient Near East and important topics such as Jewish law. The next part considers Islamic law, while also exploring modern issues. The third part focuses on Hindu and Buddhist law, while the fourth part covers China and Japan. The book’s closing section examines tribal societies, e.g. Mongols, Pashtuns and Malays. Topics covered include the interaction of legal systems within a legal circle, inter-systemic interactions, reasons for the failure and success of legal modernization, legal pluralism, and its effects on Asian societies. Family law, law of obligation, criminal law, and procedural law are also explored.

Author : Chen
Publisher : Martinus Nijhoff Publishers
Page : 429 pages
File Size : 48,7 Mb
Release : 2023-09-25
Category : History
ISBN : 9789004635449

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Chinese Law by Chen Pdf

Law, in particular its actual functioning in any given society, is above all a part of the culture of that society - a part of its historical, political, social and intellectual creation. If a `black-letter' approach towards law in the West is under increasing criticism, it is particularly unhelpful, if not misleading, in understanding Chinese law, its nature and developments. Rather, to understand Chinese law, its nature and developments, we need to examine the Chinese legal traditions, the prevailing political and economic situations, Party policies on economic reform and tolerance towards political liberalisation, and scholarly discussions and debate. This is the approach of this book. Its aim is to put Chinese law `in context', to outline the nature and present status of its development, and to analyse the meaning of the law within the Chinese context. However, this monograph does not ignore the practical needs for determining the precise contents of the `black- letter' law either. A study of this kind necessarily involves a process of topic selection. However, to avoid over-generalisation and over-simplification, it also demands a considerable degree of comprehensiveness in coverage. For this reason, the book covers what the Chinese scholars term `fundamental law' and `basic branches' of law, while other topics are covered because they are either crucial for the understanding of the law (such as legal traditions in China) or of practical importance (such as foreign investment and trade). Chapter One provides an historical background to traditional Chinese `legal culture' and modern law reforms. The historical background of specific topics is examined as the topics are analysed in the following chapters. Chapter Two deals with the changing fate of law under Communist rule. Its focus is on the underlying factors and justifications for such changes. Chapter Three introduces discussions on specific branches of law, from public law (constitutional law, law-making, administrative law, criminal law, criminal procedure law) to `private' law (civil law, family law, contracts, law on business entities, and law on foreign investment and trade). Each of these is dealt with in a separate chapter. After the analysis of these substantial topics, certain conclusions are drawn, which attempt to define the nature of Chinese law and its developments in present-day China.

Author : H. Patrick Glenn
Publisher : Oxford University Press, USA
Page : 423 pages
File Size : 52,7 Mb
Release : 2007
Category : Law
ISBN : 9780199205417

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Legal Traditions of the World by H. Patrick Glenn Pdf

Previous editions published : 2nd (2004) and 1st (2000).

Author : Jiang Yonglin
Publisher : University of Washington Press
Page : 262 pages
File Size : 43,6 Mb
Release : 2011-07-01
Category : History
ISBN : 9780295801667

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The Mandate of Heaven and The Great Ming Code by Jiang Yonglin Pdf

After overthrowing the Mongol Yuan dynasty, Zhu Yuanzhang, the founder of the Ming dynasty (1368-1644), proclaimed that he had obtained the Mandate of Heaven (Tianming), enabling establishment of a spiritual orientation and social agenda for China. Zhu, emperor during the Ming’s Hongwu reign period, launched a series of social programs to rebuild the empire and define Chinese cultural identity. To promote its reform programs, the Ming imperial court issued a series of legal documents, culminating in The Great Ming Code (Da Ming lu), which supported China’s legal system until the Ming was overthrown and also served as the basis of the legal code of the following dynasty, the Qing (1644-1911). This companion volume to Jiang Yonglin’s translation of The Great Ming Code (2005) analyzes the thought underlying the imperial legal code. Was the concept of the Mandate of Heaven merely a tool manipulated by the ruling elite to justify state power, or was it essential to their belief system and to the intellectual foundation of legal culture? What role did law play in the imperial effort to carry out the social reform programs? Jiang addresses these questions by examining the transformative role of the Code in educating the people about the Mandate of Heaven. The Code served as a cosmic instrument and moral textbook to ensure “all under Heaven” were aligned with the cosmic order. By promoting, regulating, and prohibiting categories of ritual behavior, the intent of the Code was to provide spiritual guidance to Chinese subjects, as well as to acquire political legitimacy. The Code also obligated officials to obey the supreme authority of the emperor, to observe filial behavior toward parents, to care for the welfare of the masses, and to maintain harmonious relationships with deities. This set of regulations made officials the representatives of the Son of Heaven in mediating between the spiritual and mundane worlds and in governing the human realm. This study challenges the conventional assumption that law in premodern China was used merely as an arm of the state to maintain social control and as a secular tool to exercise naked power. Based on a holistic approach, Jiang argues that the Ming ruling elite envisioned the cosmos as an integrated unit; they saw law, religion, and political power as intertwined, remarkably different from the “modern” compartmentalized worldview. In serving as a cosmic instrument to manifest the Mandate of Heaven, The Great Ming Code represented a powerful religious effort to educate the masses and transform society.

Author : Bettine Birge
Publisher : Harvard University Press
Page : 337 pages
File Size : 55,7 Mb
Release : 2017-06-19
Category : History
ISBN : 9780674975514

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Marriage and the Law in the Age of Khubilai Khan by Bettine Birge Pdf

These thirteenth-century legal cases from the classic compendium Yuan dianzhang reveal the complex, contradictory inner workings of the Mongol-Yuan legal system, as seen through the prism of divorce, adultery, rape, wife-selling, and other marital disputes. Bettine Birge offers a meticulously annotated translation and analysis.

Author : Elizabeth Endicott-West
Publisher : BRILL
Page : 228 pages
File Size : 49,8 Mb
Release : 2020-10-26
Category : History
ISBN : 9781684170050

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Mongolian Rule in China by Elizabeth Endicott-West Pdf

The Mongolian Yuan dynasty, 1272-1368, is a short but interesting chapter in the long history of Sino-Mongolian relations. Faced with the challenge of governing a huge sedentary empire, the traditionally nomadic Mongols acceded to some Chinese institutional precedents, but, in large part, adhered to their own Inner Asian practices of staffing and administering the government apparatus.Yuan administrative documents provide information that permits a fairly accurate reconstruction of the day-to-day functioning of the local government bureaucracy. From these materials, Elizabeth Endicott-West has put together a detailed picture of the Mongols' methods of selecting local officials, the ethnic backgrounds of officials, and policy formation and implementation at the local level.

Author : Martin Bauch,Gerrit Jasper Schenk
Publisher : Walter de Gruyter GmbH & Co KG
Page : 420 pages
File Size : 54,7 Mb
Release : 2019-12-16
Category : Literary Criticism
ISBN : 9783110657968

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The Crisis of the 14th Century by Martin Bauch,Gerrit Jasper Schenk Pdf

Pre-modern critical interactions of nature and society can best be studied during the so-called "Crisis of the 14th Century". While historiography has long ignored the environmental framing of historcial processes and scientists have over-emphasized nature's impact on the course of human history, this volume tries to describe the at times complex modes of the late-medieval relationship of man and nature. The idea of 'teleconnection', borrowed from the geosciences, describes the influence of atmospheric circulation patterns often over long distances. It seems that there were 'teleconnections' in society, too. So this volumes aims to examine man-environment interactions mainly in the 14th century from all over Europe and beyond. It integrates contributions from different disciplines on impact, perception and reaction of environmental change and natural extreme events on late Medieval societies. For humanists from all historical disciplines it offers an approach how to integrate written and even scientific evidence on environmental change in established and new fields of historical research. For scientists it demonstrates the contributions scholars from the humanities can provide for discussion on past environmental changes.

Author : George Lane
Publisher : Bloomsbury Publishing USA
Page : 339 pages
File Size : 48,7 Mb
Release : 2006-02-28
Category : History
ISBN : 9780313027314

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Daily Life in the Mongol Empire by George Lane Pdf

The Mongol Empire comes to life in this vivid account of the lives of ordinary people who lived under the rule of Ghengis Khan. The book allows the reader to enjoy traditional Mongol folktales and experience life in a yurt, the tent in which the nomadic Mongols lived. It explains why the Mongols had a reputation for being savage barbarians by describing their fur-lined clothes and their heavy, meat- and alcohol-based diet. It supplies first-hand accounts of fighting in Ghengis Khan's decimalized army, and explores the various tasks that were left up to the women, such as loading and unloading the wagons when traveling. High school students and undergraduates can compare and contrast religious beliefs and various laws of the Mongols with those of other cultures they are studying. From traditional medicinal treatments to the Great Yasa law system, readers young and old can enjoy this comprehensive, in-depth study of everyday living during the Mongol Empire. The Mongol Empire comes to life in this vivid account of the lives of ordinary people who lived under the rule of Ghengis Khan. The book allows the reader to enjoy traditional Mongol folktales and experience life in a yurt, the tent in which the nomadic Mongols lived. It explains why the Mongols had a reputation for being savage barbarians by describing their fur-lined clothes and their heavy, meat- and alcohol-based diet. It supplies first-hand accounts about fighting in Ghengis Khan's army and explores the various tasks that were left up to the women, such as loading and unloading the wagons when traveling. High school students and undergraduates can compare and contrast religious beliefs and various laws of the Mongols with those of other cultures they are studying. From traditional medicinal treatments to the Great Yasa law system, readers young and old can enjoy this comprehensive, in-depth study of everyday living during the Mongol Empire. In addition to general questions, Lane delves into specific situations of everyday living during the Mongol Empire. Questions such as How did the judicial system of the Mongol Empire work? and What spices were generally used in Mongol cooking? are answered in this extensive study. Subjects include: the structure of steppe society; clothes and hairstyles; the evolution of the nomadic life to one more permanent; the decimalization of the Mongol army; and the shaman's methods of healing sick patients. Other topics are: the Mongols' insatiable thirst for airag, an alcoholic beverage; Hu Szu-hui's royal cookbook; the liberal religious beliefs held by the Mongols; Ghengis Khan's strict law system; and the status of Mongol women. Passages from ancient texts and authors enhance this reference work, one that is essential to all school and public libraries.

Author : Geoffrey MacCormack
Publisher : University of Georgia Press
Page : 292 pages
File Size : 52,5 Mb
Release : 1996
Category : Law
ISBN : 0820317225

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The Spirit of Traditional Chinese Law by Geoffrey MacCormack Pdf

By the end of the eighth century A.D., imperial China had established a system of administrative and penal law, the main institutions of which lasted until the collapse of the Ch'ing dynasty in 1911. The Spirit of Traditional Chinese Law studies the views held throughout the centuries by the educated elite on the role of law in government, the relationship between law and morality, and the purpose of punishment. Geoffrey MacCormack's introduction offers a brief history of legal development in China, describes the principal contributions to the law of the Confucian and Legalist schools, and identifies several other attributes that might be said to constitute the "spirit" of the law. Subsequent chapters consider these attributes, which include conservatism, symbolism, the value attached to human life, the technical construction of the codes, the rationality of the legal process, and the purposes of punishment. A study of the "spirit" of the law in imperial China is particularly appropriate, says MacCormack, for a number of laws in the penal codes on family relationships, property ownership, and commercial transactions were probably never meant to be enforced. Rather, such laws were more symbolic and expressed an ideal toward which people should strive. In many cases even the laws that were enforced, such as those directed at the suppression of theft or killing, were also regarded as an emphatic expression of the right way to behave. Throughout his study, MacCormack distinguishes between "official," or penal and administrative, law, which emanated from the emperor to his officials, and "unofficial," or customary, law, which developed in certain localities or among associations of merchants and traders. In addition, MacCormack pays particular attention to the law's emphasis on the hierarchical ordering of relationships between individuals such as ruler and minister, ruler and subject, parent and child, and husband and wife. He also seeks to explain why, over nearly thirteen centuries, there was little change in the main moral and legal prescriptions, despite enormous social and economic changes.