Civil Law in Qing and Republican China

Overview


This pioneering volume shows that contrary to previous scholarly understanding, the courts in Qing (1644-1911) and Republican (1911-1949) China dealt extensively with civil matters such as land rights, debt, marriage, and inheritance; and, moreover, did so in a consistent and predictable way. Drawing on records of hundreds of cases from local archives in several parts of China, it considers such questions as the relation between codified law and legal practice, the role of legal and paralegal personnel, and the ...
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Overview


This pioneering volume shows that contrary to previous scholarly understanding, the courts in Qing (1644-1911) and Republican (1911-1949) China dealt extensively with civil matters such as land rights, debt, marriage, and inheritance; and, moreover, did so in a consistent and predictable way. Drawing on records of hundreds of cases from local archives in several parts of China, it considers such questions as the relation between codified law and legal practice, the role of legal and paralegal personnel, and the continuity in civil law between Qing and Republican China.
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Editorial Reviews

From the Publisher

"This book strongly suggests the new series 'Law, Society, and Culture in China' will be indispensable for anyone interested in Chinese or comparative law. The focus of this volume is civil law. However, economic and social historians cannot afford to ignore it. . . . It clearly marks the beginning of a new era in the study of Chinese law, society, and culture."—Journal of Asian Studies
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Product Details

  • ISBN-13: 9780804737791
  • Publisher: Stanford University Press
  • Publication date: 12/28/1994
  • Series: Law, Society, and Culture in China Series
  • Edition description: 1
  • Pages: 356
  • Product dimensions: 6.00 (w) x 9.00 (h) x 1.60 (d)

Table of Contents

Contributors
1 Civil Law in Qing and Republican China: The Issues 1
2 Civil "Law" in Traditional China: History and Theory 13
3 Legislation Related to the Civil Economy in the Qing Dynasty 42
4 Civil and Uncivil Disputes in Southeast Coastal China, 1723-1820 85
5 Code, Culture, and Custom: Foundations of Civil Case Verdicts in a Nineteenth-Century County Court 122
6 Codified Law and Magisterial Adjudication in the Qing 142
7 Women and the Law: Divorce in the Republican Period 187
8 Lawyers and the Legal Profession During the Republican Period 215
9 Merchant Dispute Mediation in Twentieth-Century Zigong, Sichuan 249
Notes 289
Sources 309
Character List 325
Index 331
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