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This study of the regulation of sexuality in the Qing dynasty explores the social context for sexual behavior criminalized by the state, showing how regulation shifted away from status to a new regime of gender that mandated a uniform standard of sexual morality and criminal liability for all people, regardless of their social status.
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.
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.
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.
Law, State, and Society in Early Imperial China has been accorded Honorable Mention status in the 2017 Patrick D. Hanan Prize (China and Inner Asia Council (CIAC) of the Association for Asian Studies) for Translation competition. 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 recently excavated, early Chinese legal texts. The Statutes and Ordinances of the Second Year consists of a selection from the long-lost laws of the early Han dynasty (206 BCE-220 CE). It includes items from twenty-seven statute collections and one ordinance. The Book of Submitted Doubtful Cases contains twenty-two legal case records, some of which have undergone literary embellishment. Taken together, the two texts contain a wealth of information about slavery, social class, ranking, the status of women and children, property, inheritance, currency, finance, labor mobilization, resource extraction, agriculture, market regulation, and administrative geography.
This pathbreaking work argues that the major intellectual trend in China from the seventeenth through the early nineteenth century was Confucian ritualism, as expressed in ethics, classical learning, and discourse on lineage. Reviews "Chow has produced a work of superb scholarship, fluently written and beautifully researched. . . . One of the landmarks of the current reconstruction of the social philosophy of the Qing dynasty. . . . Chow's book is indispensable. It has illuminating analyses of many mainstream writers, institutions, and social categories in eighteenth-century China which have never previously been examined." —Canadian Journal of History "Chow's monograph moves ritual to center stage in late imperial social and intellectual history, and the author makes a powerful case for doing so. . . . Because the author understands the intellectual history of late Ming and Qing as the history of a movement, or successive movements, of fundamental social reform, he has also made an important contribution to social and political history as these were related to intellectual history." —Journal of Chinese Religion "Chow's book is an excellent contribution to recent scholarship on the intellectual history of the Confucian tradition and provides a balance for other studies that have emphasized ideas to the exclusion of symbols." —The Historian
Drawing on newly available archival case records, this book demonstrates that Chinese women's rights to property changed substantially from the Song through the Qing dynasties, and even more dramatically under the Republican Civil Code of 1929-30.
This book is an in-depth study of evolving state-society-environment relationships of the Jianghan Plain in late imperial China, as well as the transformation of landscape and waterscape in central China through lenses that have been overlooked in previous scholarship.
The need for heirs in any traditional society is a compelling one. In traditional China, where inheritance and notions of filiality depended on the production of progeny, the need was nearly absolute. As Ann Waltner makes clear in this broadly researched study of adoption in the late Ming and early Ch'ing periods, the getting of an heir was a complex, even paradoxical undertaking. Although adoption involving persons of the same surname was the only arrangement ritually and legally sanctioned in Chinese society, adoption of persons of a different surname was a relatively common practice. Using medical and ritual texts, legal codes, local gazetteers, biography, and fiction, Waltner examines the multiple dimensions of the practice of adoption and identifies not only the dominant ideology prohibiting adoption across surname lines, but also a parallel discourse justifying the practice.