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Sex, Law, and Society in Late Imperial China
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.
Polyandry and Wife-Selling in Qing Dynasty China
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.
Selling Women
“At last, a study that goes far beyond the urban-centered discourse with which we are already familiar to place the trafficking of women in a solid historical and comparative context. Through a carefully reasoned and balanced analysis of diverse sources, Stanley shows how prostitution practices varied. This book will set the standard for studies of prostitution in early modern Japan for decades to come.” -Anne Walthall, University of California, Irvine “Selling Women is a remarkable achievement. With her gaze fixed firmly on the young women whose labor sustained prostitution as an industry, Amy Stanley traces shifts in the moral economy of the sex trade over the course of the Tokugawa era, and unveils the ironic consequences of economic growth and social change. This meticulously researched, wonderfully written book is a major contribution to the literature on gender and society in Japan.” -David L. Howell, Harvard University
Sexual Citizens
This book explores the relationship between sex and belonging in law and popular culture, arguing that contemporary citizenship is sexed, privatized, and self-disciplined. Former sexual outlaws have challenged their exclusion and are being incorporated into citizenship. But as citizenship becomes more sexed, it also becomes privatized and self-disciplined. The author explores these contesting representations of sex and belonging in films, television, and legal decisions. She examines a broad range of subjects, from gay men and lesbians, pornographers and hip hop artists, to women selling vibrators, adulterers, and single mothers on welfare. She observes cultural representations ranging from Queer Eye for the Straight Guy to Dr. Phil, Sex in the City to Desperate Housewives. She reviews appellate court cases on sodomy and same-sex marriage, national welfare reform, and obscenity regulation. Finally, the author argues that these representations shape the terms of belonging and governance, producing good (and bad) sexual citizens, based on the degree to which they abide by the codes of privatized and self-disciplined sex.
Circulating the Code
Contrary to longtime assumptions about the insular nature of imperial China’s legal system, Circulating the Code demonstrates that in the Qing dynasty (1644–1911) most legal books were commercially published and available to anyone who could afford to buy them. Publishers not only extended circulation of the dynastic code and other legal texts but also enhanced the judicial authority of case precedents and unofficial legal commentaries by making them more broadly available in convenient formats. As a result, the laws no longer represented privileged knowledge monopolized by the imperial state and elites. Trade in commercial legal imprints contributed to the formation of a new legal culture that included the free flow of accurate information, the rise of nonofficial legal experts, a large law-savvy population, and a high litigation rate. Comparing different official and commercial editions of the Qing Code, popular handbooks for amateur legal practitioners, and manuals for community legal lectures, Ting Zhang demonstrates how the dissemination of legal information transformed Chinese law, judicial authority, and popular legal consciousness.
Quest for Harmony
In this long-awaited ethnography, Chuan-kang Shih details the traditional social and cultural conditions of the Moso, a matrilineal group living on the border of Yunnan and Sichuan Provinces in southwest China. Among the Moso, a majority of the adult population practice a visiting system called tisese instead of marriage as the normal sexual and reproductive institution. Until recently, tisese was noncontractual, nonobligatory, and nonexclusive. Partners lived and worked in separate households. The only prerequisite for a tisese relationship was a mutual agreement between the man and the woman to allow sexual access to each other. In a comprehensive account, Quest for Harmony explores this unique practice specifically, and offers thorough documentation, fine-grained analysis, and an engaging discussion of the people, history, and structure of Moso society. Drawing on the author's extensive fieldwork, conducted from 1987 to 2006, this is the first ethnography of the Moso written in English.
Homoerotic Sensibilities in Late Imperial China
Homoerotic Sensibilities in Late Imperial China is the richest exploration to date of late imperial Chinese literati interest in male love. Employing primary sources such as miscellanies, poetry, fiction and 'flower guides', Wu Cuncun argues that male homoeroticism played a central role in the cultural life of late imperial Chinese literati elites. Countering recent arguments that homosexuality was marginal and disparaged during this period, the book also seeks to trace the relationship of homoeroticism to status and power. In addition to historical portraits and analysis, the book also advances the concept of 'sensibilities' as a method for interpreting the complex range of homoerotic texts produced in late imperial China.
Forgery and Impersonation in Imperial China
Across eighteenth-century China a wide range of common people forged government documents or pretended to be officials or other agents of the state. This examination of case records and law codes traces the legal meanings and social and political contexts of small-time swindles that were punished as grave political transgressions.
Back from the Dead
China's party-run courts have one of the highest conviction rates in the world, with forced confessions remaining a central feature. Despite recent prohibitions on evidence obtained through coercion or torture, forced confessions continue to undermine the Chinese judicial system. Recounting some harrowing cases of wrongful conviction, acclaimed legal scholar and novelist He Jiahong analyzes many problems in China's justice system. In one such case, Teng Xingshan was convicted in 1988 and later executed for murdering his mistress, but almost six years later it was discovered that the supposed victim, Shi Xiaorong, was still alive. In 2005, Teng's children submitted a complaint to the Hunan Hi...
The Fox Spirit, the Stone Maiden, and Other Transgender Histories from Late Imperial China
In imperial China, people moved away from the gender they were assigned at birth in different ways and for many reasons. Eunuchs, boy actresses, and clergy left behind normative gender roles defined by family and procreation. “Stone maidens”—women deemed physically incapable of vaginal intercourse—might depart from families or marriages to become Buddhist or Daoist nuns. Anatomical males who presented as women sometimes took a conventionally female occupation such as midwife, faith healer, or even medium to a fox spirit. Yet they were often punished harshly for the crime of “masquerading in women’s attire,” suspected of sexual predation, even when they had lived peacefully in t...
