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Chinese Civil Justice, Past and Present
The culmination of twenty years of research, this essential book completes distinguished historian Philip C. C. Huang's pathbreaking trilogy on Chinese law and society from late imperial times to the present. The author argues that, despite formal adherence to Western law and legal theory, traditional Chinese judicial practices continue to flourish. Huang draws on a rich array of court records and field interviews to illustrate the surprising strength of traditional Chinese civil justice, as can be seen in societal and cadres mediation, and in court actions with respect to property rights, inheritance and old-age maintenance, and debts. Maoist justice too remains influential, especially its divorce and court mediation practices. Finally, despite the recent massive adoption of Western laws, legal reasoning employed in judicial practice has shown stunning continuity, with major implications for China's future.
Civil Justice in China
To what extent do newly available case records bear out our conventional assumptions about the Qing legal system? Is it true, for example, that Qing courts rarely handled civil lawsuits--those concerned with disputes over land, debt, marriage, and inheritance--as official Qing representations led us to believe? Is it true that decent people did not use the courts? And is it true that magistrates generally relied more on moral predilections than on codified law in dealing with cases? Based in large part on records of 628 civil dispute cases from three counties from the 1760’s to the 1900’s, this book reexamines those widely accepted Qing representations in the light of actual practice. Th...
Escape from Shanghai
This is a true story you were never meant to read. Memories of events recounted here were expected to die with those who lived them, to fade with time. But the tale survived -- and now it is told on the record for the first time. "Escape from Shanghai" reveals the conspiracy Jane Sun discovered at the highest levels of Chinese government during World War II, and tells the story of the courageous things that she did to combat the corruption. A biography that reads like a spy thriller, it follows Jane's behind-the-scenes struggles to bring down a corrupt governor, and it recounts the brutality and terror she and her young son encountered during their efforts to escape from the invading Japanes...
Transforming Traditions in Modern Chinese Painting
Modern Chinese painting embodies the constant renewal and reinvigorations of Chinese civilization amidst rebellions, reforms, and revolutions, even if the process may appear confusing and bewildering. It also demonstrates the persistence of tradition and limits of continuities and changes in modern Chinese cluture. Most significantly, it compels us to ask several important questions in the study of modern Chinese culture: How extensively can cultural tradition be re-interpreted before it is subverted? At what point is creative re-invention an act of betrayal of tradition? How has selective borrowing from Chinese tradition and foreign cultrue enabled modern Chinese artists to sustain themselves in the modern world? By focusing on the art of Huang Pin-hung (1865-1955), particularly his late work, this book attempts to provide some answers to these questions.
Code, Custom, and Legal Practice in China
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.
The History and Theory of Legal Practice in China
The History and Theory of Legal Practice in China: Toward a Historical-Social Jurisprudence goes beyond the either/or dichotomy of Chinese vs. Western law, tradition vs. modernity, and the substantive-practical vs. the formal. It does so by proceeding not from abstract legal texts but from the realities of legal practice. Whatever the declared intent of a law, it must in actual application adapt to social realities. It is the two dimensions of representation and practice, and law and society, that together make up the entirety of a legal system. The assembled articles by the editors and a new generation of Chinese scholars illustrate a new “historical-social jurisprudence,” and explore the possible conceptual underpinnings of a modern Chinese legal system that would both accommodate and integrate the unavoidable paradoxes of contemporary China.
State Formation through Emulation
Neither war nor preparations for war were the cause or effect of state formation in East Asia. Instead, emulation of China—the hegemon with a civilizational influence—drove the rapid formation of centralized, bureaucratically administered, territorial governments in Korea, Japan, and Vietnam. Furthermore, these countries engaged in state-building not to engage in conflict or to suppress revolt. In fact, war was relatively rare and there was no balance of power system with regular existential threats—the longevity of the East Asian dynasties is evidence of both the peacefulness of their neighborhood and their internal stability. We challenge the assumption that the European experience with war and state-making was universal. More importantly, we broaden the scope of state formation in East Asia beyond the study of China itself and show how countries in the region interacted and learned from each other and China to develop strong capacities and stable borders.
