Research from archival case records : law, society, and culture in China
著者
書誌事項
Research from archival case records : law, society, and culture in China
(The social sciences of practice : the history and theory of legal practice, v. 1)
Brill, c2014
- : hardback
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注記
Includes bibliographical references
内容説明・目次
内容説明
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.
目次
Introduction
Philip C. C. Huang
Part One
Analytical Approaches: History of Practice*Women's History*Local Administration*Discourse
Analysis*Case Records as Ethnographic Evidence
1. The History-of-Practice Approach to Studying Chinese Law (Introduction to Chinese Civil Justice, Past and Present)
Philip C. C. Huang
Practice as Opposed to Theory: Legal Formalism and the History of Practice of American Law
Practice as Opposed to Representation: Qing Law
Practice as Opposed to Institutions: Male and Female Inheritance Rights and Their Actual Operation
The History of Practice vs. Formalist Theory
Practical Moralism
Divorce Law Practices and the System of Court Mediation
The Third Realm and Centralized Minimalism
Community Mediation under Minimalist Governance
2. Women and Property in China, 960-1949, Introduction and Conclusion
Kathryn Bernhardt
Introduction
Conclusion
3. Illicit Bureaucrats
Bradly W. Reed
Preface
The Issues
Past Scholarship
4. From Oral Testimony to Written Records in Qing Legal Cases
Yasuhiko Karasawa
Introduction
The Status of Depositions in Qing Legal Procedure
Writing Legal Testimony in the Context of Literary Culture
Records of Oral Testimony Written in the Vernacular
Composing Testimony at the Local Level: A "Directly Examined" Case from Beijing
Conclusion
5. Abortion in Late Imperial China: Routine Birth Control or Crisis Intervention?
Matthew H. Sommer
Introduction
Past Scholarship
Abortion in Qing Legal Records
Unsafe Abortion in Modern China
Conclusion
Part Two
Buying and Selling of Land*Homicides
6. Customary and Judicial Practices and the Criminal Sale of Land in Qing Manchuria
Christopher Isett
Sources and Methods
The Criminalization of Customary Practice in Manchuria
The Sale of Qing Land to Commoners
Rural Agents, Peasant Defiance, and the Politics of Local Compromise
Adjudication in the Face of Criminal Customary Acts
7. Guoshi Killing: The Continuum of Criminal Intent in Qing and Republican China
Jennifer M. Neighbors
Guoshi Killing in the Qing Dynasty
The Republican Codes
Conclusion
Part Three
Tax*Education*Local Governance
8. Between the State and the Village: Land taxation and "Substantive Governance" in Traditional China
Huaiyin Li
Introduction
The County Government and the Xiangdi
Village Regulations on Taxation in the Late Qing
Village Regulations on Taxation in the Republican Period
The Collection of Enclave Taxes
Conclusion
9. Village-State Cooperation: Modern Community Schools and Their Funding, Haicheng County, Fengtian, 1905-1931
Elizabeth VanderVen
The Setting: Fengtian Province and Haicheng County
Funding the New Community Primary Schools
Multi-Village Relationships: Creativity, Cooperation, and Conflict
10. Power Networks and State-Society Relations in Republican China
Danny Hsu
Local Governance in Late Imperial China
Xinmin County in Early Republican China
Power Networks in Xinmin County
Sub-County Administration in the Early Republic
Sichuan and the National Government
Conclusion
Part Four
Concubinage*Spousal Abuse *Transnational Families
11. Ceremony and the Definition of Marriage under Republican Law
Lisa Tran
Ceremony in Social Practice
Ceremony in Early Republican Law
The Legal Space for Concubinage in the Early Republic
Ceremony in the 1929-30 Civil Code
From Consent to Complicity under GMD Law
12. Spousal Abuse: Divorce Litigation and the Emergence of Rights Consciousness in Republican China
Margaret Kuo
The Prevalence of Intolerable Cruelty Divorce Litigation
From Grievance to Injustice: "Naming, Blaming, and Claiming"
"Please protect women's rights": Cao Xiuzhen's Pleas
Intolerable Cruelty Defenses: Marriage Finance, Economic Hardship, and Socioeconomic Interpretations of Rights
State Approaches to Intolerable Cruelty Cases: Judicial Outcomes Affirm a Modern Conjugal Patriarchy
Individual Rights and the Ironic Affirmation of Modern Conjugal Patriarchy
13. Law, Gongqin and Transnational Polygamy: Family Matters in Fujian and British Malaya, 1855-1942
Huey Bin Teng
Between Two Worlds: The Making of Chinese Customary Law in Malaya
Exceptions to the Common Law: The Making of Chinese Customary Law
Mediation and Enforcement: The Gongqin in Cross-Border Conflicts
Part Five
Past and Present: Local Administration* Court Mediation
14. Centralized Minimalism: Semiformal Governance by Quasi-Officials and Dispute Resolution in China
Philip C. C. Huang
The Evidence
Centralized Minimalism
Confucianized Legalism
Bureaucratization and Minimalism in Contemporary China
15. Court Mediation in China, Past and Present
Philip C. C. Huang
The Ideology of Mediation in the Qing
The Actual Practice of Qing Courts
Mediation in the Republic
The Ideology of Mediation in Post-1949 China
The Practice of Court Mediation in Post-1949 China
Between Mediation and Adjudication
The Nature of Contemporary Chinese Judicial Mediation
The Qing, the Republic, and Post-1949 China
The Logic of Chinese Court Mediation
Postscript
16. How a "New Legal History" Might Be Possible: Recent Trends in Chinese Legal History Studies in the United States and Its Implications
Chenjun You
Introduction: An Intellectual Earthquake?
Westerners' Misunderstandings of and Reflections on Traditional Chinese Law
Judicial Archives and Research on Chinese Legal History
Chinese Legal History Studies and the Social Sciences
Discovering a Historical Sense in the Meeting of Empiricism and Theory
Stones from Other Hills May Serve to Polish the Jade of This One , : The UCLA Research Group's Achievements and Chinese Introspection
Conclusion
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