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In this book, Thomas Buoye examines the impact of large-scale economic change on social conflict in eighteenth-century China. He draws upon a large body of actual, documented homicide cases originating in property disputes to recreate the social tensions of rural China during the Qianlong reign (1736-1795). The development of property rights, a process that had begun in the Ming dynasty, was accompanied by other changes that fostered disruption and conflict, including an explosion in the population growth and the increasing strain on land and resources, and increasing commercialization in agriculture. Buoye challenges the 'markets' and 'moral economy' theories of economic behaviour. Applying the theories of Douglass North for the first time to this subject, he uses an institutional framework to explain seemingly irrational economic choices. Buoye examines demographic and technological factors, ideology, and political and economic institutions in rural China to understand the link between economic and social change.
Righteous Revolutionaries illustrates how states appeal to popular morality—shared understandings of right and wrong—to forge new group identities and mobilize violence against perceived threats to their authority. Jeffrey A. Javed examines the Chinese Communist Party’s mass mobilization of violence during its land reform campaign in the early 1950s, one of the most violent and successful state-building efforts in history. Using an array of novel archival, documentary, and quantitative historical data, this book illustrates that China’s land reform campaign was not just about economic redistribution but rather part of a larger, brutally violent state-building effort to delegitimize t...
本书对清代的谋杀、故杀等故意杀人罪名的研究可以使读者从总体上把握清代的故意杀人立法以及清代人对各杀人罪类型的界定。同时书中对清代的谋杀、故杀等概念渊源的回溯,也可使读者进一步了解古人对人类思维活动和犯罪主观方面的认识过程以及当时人的认识所能达到的程度。
Explores the social disruption resulting from industrialization in a Chinese coalmining community at the turn of the twentieth century. Jeff Hornibrook provides a unique, microcosmic look at the process of industrialization in one Chinese community at the turn of the twentieth century. Industrialization came late to China, but was ultimately embraced and hastened to aid the states strategic and military interests. In Pingxiang County in the highlands of Jiangxi Province, coalmining was seasonal work; peasants rented mines from lineage leaders to work after the harvest. These traditions changed in 1896 when the court decided that the countys mines were essential for industrialization. For...
The twelve case studies in Chinese Law: Knowledge, Practice and Transformation, 1530s to 1950s, edited by Li Chen and Madeleine Zelin, open a new window onto the historical foundation and transformation of Chinese law and legal culture in late imperial and modern China. Their interdisciplinary analyses provide valuable insights into the multiple roles of law and legal knowledge in structuring social relations, property rights, popular culture, imperial governance, and ideas of modernity; they also provide insight into the roles of law and legal knowledge in giving form to an emerging revolutionary ideology and to policies that continue to affect China to the present day.
Wang's biography of Fu Ssu-nien examines Fu's important role in modern China's intellectual development.
This book, originally published in 2002, argues that the Mongol invasion of the thirteenth century precipitated a transformation of marriage and property law in China that deprived women of their property rights and reduced their legal and economic autonomy. It describes how after a period during which women's property rights were steadily improving, and laws and practices affecting marriage and property were moving away from Confucian ideals, the Mongol occupation created a new constellation of property and gender relations that persisted to the end of the imperial era. It shows how the Mongol-Yüan rule in China ironically created the conditions for radical changes in the law, which for the first time brought it into line with the goals of Learning the Way Confucians and which curtailed women's financial and personal autonomy. The book evaluates the Mongol invasion and its influence on Chinese law and society.
"A history of Chinese law and justice from the imperial era to the post-Mao era, the book addresses the evolution and function of law codes and judicial practices in China's long history, and examines the transition from traditional laws and practices to their modern counterparts in the twentieth century and beyond. From the ancient times to the twenty-first century, there has been an enduring expectation or hope among the Chinese people that justice should and will be done in society, which is expressed in a popular Chinese saying, "Heaven has eyes." To the Chinese mind in the imperial era, justice was, and was to be achieved as, an alignment of Heavenly reason, state law, and human relatio...
Looking beyond the familiar trappings of the cult of female chastity—such as hagiographies of widows and chastity shrines--in late imperial China, this book explores the cult's political significance and practical ramifications in everyday life during the eighteenth century. In the first full-length study of the subject, Janet Theiss examines a vast number of laws, legal cases, regulations, and policies to illustrate the social and political processes through which female virtue was defined, enforced, and contested. Along the way, she provides rich details of social life and cultural practices among ordinary Chinese people through narratives of criminal cases of sexual assault, harassment, adultery, and domestic violence.
In a groundbreaking work, Klaus Muhlhahn offers a comprehensive examination of the criminal justice system in modern China, an institution deeply rooted in politics, society, and culture. In late imperial China, flogging, tattooing, torture, and servitude were routine punishments. Sentences, including executions, were generally carried out in public. After 1905, in a drive to build a strong state and curtail pressure from the West, Chinese officials initiated major legal reforms. Physical punishments were replaced by fines and imprisonment. Capital punishment, though removed from the public sphere, remained in force for the worst crimes. Trials no longer relied on confessions obtained throug...