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Law and Local Society in Late Imperial China by Mark Anton Allee Pdf
Based on case files, this study explores the social significance of the traditional Chinese legal system, and investigates how people utilized the courts during the course of criminal and civil disputes. The author emphasizes the ways in which law shaped social and economic change and how in turn the legal code and court system were adapted to local realities.
Conflict, Community, and the State in Late Imperial Sichuan by Quinn Javers Pdf
Exploring local practices of dispute resolution and laying bare the routine role of violence in the late-Qing dynasty, Conflict, Community, and the State in Late Imperial Sichuan demonstrates the significance of everyday violence in ordering, disciplining, and building communities. The book examines over 350 legal cases that comprise the "cases of unnatural death" archival file from 1890 to 1900 in Ba County, Sichuan province. The archive presents an untidy array of death, including homicides, suicides, and found bodies. An analysis of the muddled and often petty disputes found in these records reveals the existence of a local system of authority that disciplined and maintained daily life. Often relying on violence, this local justice system occasionally intersected with the state’s justice system, but was not dependent on it. This study demonstrates the importance of informal, local authority to our understanding of justice in the late Qing era. Providing a non-elite perspective on Qing power, law, justice, and the role of the state, this book will be of great interest to students and scholars of Chinese and Asian history, as well as legal history and comparative studies of violence.
Author : Robert E. Hegel,Katherine N. Carlitz Publisher : University of Washington Press Page : 352 pages File Size : 49,8 Mb Release : 2017-08-24 Category : Literary Criticism ISBN : 9780295997544
Writing and Law in Late Imperial China by Robert E. Hegel,Katherine N. Carlitz Pdf
In this fascinating, multidisciplinary volume, scholars of Chinese history, law, literature, and religions explore the intersections of legal practice with writing in many different social contexts. They consider the overlapping concerns of legal culture and the arts of crafting persuasive texts in a range of documents including crime reports, legislation, novels, prayers, and law suits. Their focus is the late Ming and Qing periods (c. 1550-1911); their documents range from plaints filed at the local level by commoners, through various texts produced by the well-to-do, to the legal opinions penned by China's emperors. Writing and Law in Late Imperial China explores works of crime-case fiction, judicial handbooks for magistrates and legal secretaries, popular attitudes toward clergy and merchants as reflected in legal plaints, and the belief in a parallel, otherworldly judicial system that supports earthly justice.
International Law as a World Order in Late Imperial China by Rune Svarverud Pdf
The topic of this book is the early introduction and reception of international law in China. International law is studied as part of the introduction of the Western sciences and as a theoretical orientation in international affairs 1847-1911.
Social Power and Legal Culture by Melissa Ann Macauley Pdf
Asserting that litigation in late imperial China was a form of documentary warfare, this book offers a social analysis of the men who composed legal documents. Litigation masters emerge as central players in many of the most scandalous cases in 18th- and 19th-century China.
Law, State, and Society in Early Imperial China (2 vols) by Anthony J. Barbieri-Low,Robin D.S. Yates Pdf
In Law, State, and Society in Early Imperial China, Anthony J. Barbieri-Low and Robin D.S. Yates offer the first detailed study and translation into English of two important early Chinese legal texts from the Han dynasty (206 BCE-220 CE).
Research from Archival Case Records by Philip C.C. Huang,Kathryn Bernhardt Pdf
Legal history studies have often focused mainly on codified law, without attention to actual practice, and on the past, without relating it to the present. As the title—Research from Archival Case Records: Law, Society, and Culture in China—of this book suggests, the authors deliberately follow the research method of starting from court actions and only on that basis engage in discussions of laws and legal concepts and theory. The articles cover a range of topics and source materials, both past and present. They provide some surprising findings—about disjunctures between code and practice, adjustments between them, and how those reveal operative principles and logics different from what the legal texts alone might suggest. Contributors are: Kathryn Bernhardt, Danny Hsu, Philip C. C. Huang, Christopher Isett, Yasuhiko Karasawa, Margaret Kuo, Huaiyin Li, Jennifer M. Neighbors, Bradly W. Reed, Matthew H. Sommer, Huey Bin Teng, Lisa Tran, Elizabeth VanderVen, and Chenjun You.
Sex, Law, and Society in Late Imperial China by Matthew Harvey Sommer Pdf
This study of the regulation of sexuality in the Qing dynasty explores the social context for sexual behavior criminalized by the state, arguing that the eighteenth century in China was a time of profound change in sexual matters. During this time, the basic organizing principle for state regulation of sexuality shifted away from status, under which members of different groups had long been held to distinct standards of familial and sexual morality. In its place, a new regime of gender mandated a uniform standard of sexual morality and criminal liability across status boundaries -- all people were expected to conform to gender roles defined in terms of marriage. This shift in the regulation of sexuality, manifested in official treatment of charges of adultery, rape, sodomy, widow chastity, and prostitution, represented the imperial state's efforts to cope with disturbing social and demographic changes. Anachronistic status categories were discarded to accommodate a more fluid social structure, and the state initiated new efforts to enforce rigid gender roles and thus to shore up the peasant family against a swelling underclass of single, rogue males outside the family system. These men were demonized as sexual predators who threatened the chaste wives and daughters (and the young sons) of respectable households, and a flood of new legislation targeted them for suppression. In addition to presenting official and judicial actions regarding sexuality, the book tells the story of people excluded from accepted patterns of marriage and household who bonded with each other in unorthodox ways (combining sexual union with resource pooling and fictive kinship) to satisfy a range of human needs.This previously invisible dimension of Qing social practice is brought into sharp focus by the testimony, gleaned from local and central court archives, of such marginalized people as peasants, laborers, and beggars.
Law and Society in China examines the interplay between law and society from imperial to present-day China. This synoptic book traces the developments of law in Chinese societies, investigates the role of law in social governance, and discusses China’s ongoing reforms towards the rule of law with Chinese characteristics. In fostering a comprehensive, rather than piecemeal and disconnected, understanding of the interaction between law and society in China, this book will reduce misconceptions about and enhance appreciation for Chinese law.
In Chinese Law, edited by Li Chen and Madeleine Zelin, the authors provide valuable perspectives on the transformation, knowledge, practice, and effects of Chinese law and justice in the changing historical context of late imperial and modern China.
How did American schoolchildren, French philosophers, Russian Sinologists, Dutch merchants, and British lawyers imagine China and Chinese law? What happened when agents of presumably dominant Western empires had to endure the humiliations and anxieties of maintaining a profitable but precarious relationship with China? In Chinese Law in Imperial Eyes, Li Chen provides a richly textured analysis of these related issues and their intersection with law, culture, and politics in the eighteenth and nineteenth centuries. Using a wide array of sources, Chen's study focuses on the power dynamics of Sino-Western relations during the formative century before the First Opium War (1839-1842). He highlights the centrality of law to modern imperial ideology and politics and brings new insight to the origins of comparative Chinese law in the West, the First Opium War, and foreign extraterritoriality in China. The shifting balance of economic and political power formed and transformed knowledge of China and Chinese law in different contact zones. Chen argues that recovering the variegated and contradictory roles of Chinese law in Western "modernization" helps provincialize the subsequent Euro-Americentric discourse of global modernity. Chen draws attention to important yet underanalyzed sites in which imperial sovereignty, national identity, cultural tradition, or international law and order were defined and restructured. His valuable case studies show how constructed differences between societies were hardened into cultural or racial boundaries and then politicized to rationalize international conflicts and hierarchy.
American Council of Learned Societies. Committee on Studies of Chinese Civilization
Author : American Council of Learned Societies. Committee on Studies of Chinese Civilization Publisher : Berkeley : University of California Press Page : 360 pages File Size : 54,8 Mb Release : 1975 Category : History ISBN : UCSC:32106001033940
Code, Custom, and Legal Practice in China by Philip C. Huang Pdf
What changes occurred and what remained the same in Chinese civil justice from the Qing to the Republic? Drawing on archival records of actual cases, this study provides a new understanding of late imperial and Republican Chinese law. It also casts a new light on Chinese law by emphasizing rural areas and by comparing the old and the new.
Author : Matthew H. Sommer Publisher : Univ of California Press Page : 492 pages File Size : 42,9 Mb Release : 2015-09-15 Category : History ISBN : 9780520287037
Polyandry and Wife-Selling in Qing Dynasty China by Matthew H. Sommer Pdf
Polyandry. "Getting a husband to support a husband." Attitudes of families, communities, and women toward polyandry. The intermediate range of practice -- Wife-selling. Anatomy of a wife sale. Analysis of prices in wife sales. Negotiations between men in wife sales. Wives, natal families, and children. Four variations on a theme -- Polyandry and wife-selling in Qing law. Formal law and central court interpretation from Ming through high Qing. Absolutism versus pragmatism in central court treatment of wife sales. Flexible adjudication of routine cases in the local courts.
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.