Download or read book Delivering Justice in Qing China written by Linxia Liang and published by British Academy. This book was released on 2007-12-13 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This detailed analysis of the Qing law codes and of one hundred nineteenth-century case records from Baodi county challenges the view that the traditional Chinese legal system was inappropriate for civil cases and that mediation was preferred instead.
Download or read book Civil Justice in China written by Philip C. C. Huang and published by Stanford University Press. This book was released on 1996 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. The Qing state would have had us believe that civil disputes were so "minor” or "trivial” that they were left largely to local residents themselves to resolve. However, case records show that such disputes actually made up a major part of the caseloads of local courts. The Qing state held that lawsuits were the result of actions of immoral men, but ethnographic information and case records reveal that when community/kin mediation failed, many common peasants resorted to the courts to assert and protect their legitimate claims. The Qing state would have had us believe that local magistrates, when they did deal with civil disputes, did so as mediators rather than judges. Actual records reveal that magistrates almost never engaged in mediation but generally adjudicated according to stipulations in the Qing code.
Download or read book Chinese Civil Justice Past and Present written by Philip C. Huang and published by Rowman & Littlefield. This book was released on 2010 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Huang shows how, at the level of ideology and theory, traditional Chinese law has been rejected time and again in the past century by China's own lawmakers, first in the late Qing and the republic, then in the revolutionary and Maoist periods of the People's Republic, and finally again in the current reform era. Considering legal theory alone, modern Chinese law can only be Western law, and past Chinese law--traditional or Maoist--can have no role under the leadership's current preoccupations with modernization and marketization. But what has actually happened historically at the level of judicial practice and the daily lives of common people? In exploring this central question, Huang draws on a rich array of court records and field interviews to illustrate the surprising strength of traditional Chinese civil justice. Albeit much altered, its legacy can be traced in informal and semiformal community justice (e.g., societal and cadres mediation), as well as in multiple spheres of court-administered formal civil justice, including property rights, inheritance and old-age maintenance, and debt obligations. He also identifies the influence of Maoist justice, especially its divorce and civil court mediation practices. Finally, despite the reform era's massive importation of Western laws, legal reasoning employed in judicial practice has shown remarkable continuity, with major implications for China's future legal system.
Download or read book The Compelling Ideal written by Jan Kiely and published by Yale University Press. This book was released on 2014-05-27 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking volume, based on extensive research in Chinese archives and libraries, Jan Kiely explores the pre-Communist origins of the process of systematic thought reform or reformation (ganhua) that evolved into a key component of Mao Zedong’s revolutionary restructuring of Chinese society. Focusing on ganhua as it was employed in China’s prison system, Kiely’s thought-provoking work brings the history of this critical phenomenon to life through the stories of individuals who conceptualized, implemented, and experienced it, and he details how these techniques were subsequently adapted for broader social and political use.
Download or read book Exile in Mid Qing China written by Joanna Waley-Cohen and published by . This book was released on 1991-01-01 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Banishment to Zinjiang ranked second in severity only to death in Qing law. Initiated immediately upon the addition of that Central Asian frontier to the Chinese empire, it became a vital element of both the legal system and the project of colonizing the new frontier. In this book Joanna Waley-Cohen traces the establishment and inital years of the system, showing how the Qing government worked in the decades before dynastic decline took firm hold, exploring the role of banishment in Chinese mainstream and frontier society, and evaluating the system in the context of state expansion, political conflict, and the criminal justice system.
Download or read book The Qing Dynasty and Traditional Chinese Culture written by Richard J. Smith and published by Rowman & Littlefield. This book was released on 2015-10-23 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Qing dynasty (1636–1912)—a crucial bridge between “traditional” and “modern” China—was remarkable for its expansiveness and cultural sophistication. This engaging and insightful history of Qing political, social, and cultural life traces the complex interaction between the Inner Asian traditions of the Manchus, who conquered China in 1644, and indigenous Chinese cultural traditions. Noted historian Richard J. Smith argues that the pragmatic Qing emperors presented a “Chinese” face to their subjects who lived south of the Great Wall and other ethnic faces (particularly Manchu, Mongolian, Central Asian, and Tibetan) to subjects in other parts of their vast multicultural empire. They were attracted by many aspects of Chinese culture, but far from being completely “sinicized” as many scholars argue, they were also proud of their own cultural traditions and interested in other cultures as well. Setting Qing dynasty culture in historical and global perspective, Smith shows how the Chinese of the era viewed the world; how their outlook was expressed in their institutions, material culture, and customs; and how China’s preoccupation with order, unity, and harmony contributed to the civilization’s remarkable cohesiveness and continuity. Nuanced and wide-ranging, his authoritative book provides an essential introduction to late imperial Chinese culture and society.
Download or read book Handbooks and Anthologies for Officials in Imperial China 2 vols written by Pierre-Étienne Will and published by BRILL. This book was released on 2020-02-17 with total page 1570 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1,165 entries of Handbooks and Anthologies for Officials in Imperial China by Pierre-Étienne Will and collaborators provide a descriptive list of extant manuscript and printed works—mainly from the Song, Ming, and Qing dynasties—created with the aim to instruct officials and other administrators of imperial China about the technical and ethical aspects of government, and to provide tools and guides to help with the relevant procedures. Both generalist and specialized texts are considered. Among the latter, such disciplines as the administration of justice, famine relief, and the military receive particular attention. Each entry includes the publishing history of the work considered (including modern editions), an analysis of contents, and a biographical sketch of the author.
Download or read book The Search for Modern China written by Jonathan D. Spence and published by W. W. Norton & Company. This book was released on 1990 with total page 1054 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work chronicles the history of China for over four hundred years through the spring of 1989.
Download or read book Making China Modern written by Klaus Mühlhahn and published by Belknap Press. This book was released on 2019-01-14 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Thoughtful, probing...a worthy successor to the famous histories of Fairbank and Spence [that] will be read by all students and scholars of modern China.” —William C. Kirby, coauthor of Can China Lead? It is tempting to attribute the rise of China to Deng Xiaoping and to recent changes in economic policy. But China has a long history of creative adaptation. In the eighteenth century, the Qing Empire dominated a third of the world’s population. Then, as the Opium Wars and the Taiping Rebellion ripped the country apart, China found itself verging on free fall. More recently, after Mao, China managed a surprising recovery, rapidly undergoing profound economic and social change. A dynamic story of crisis and recovery, failure and triumph, Making China Modern explores the versatility and resourcefulness that guaranteed China’s survival, powered its rise, and will determine its future. “Chronicles reforms, revolutions, and wars through the lens of institutions, often rebutting Western impressions.” —New Yorker “A remarkable accomplishment. Unlike an earlier generation of scholarship, Making China Modern does not treat China’s contemporary transformation as a postscript. It accepts China as a major and active player in the world, places China at the center of an interconnected and global network of engagement, links domestic politics to international dynamics, and seeks to approach China on its own terms.” —Wen-hsin Yeh, author of Shanghai Splendor
Download or read book Protest with Chinese Characteristics written by Ho-fung Hung and published by Columbia University Press. This book was released on 2013-04-09 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: The origin of political modernity has long been tied to the Western history of protest and revolution, the currents of which many believe sparked popular dissent worldwide. Reviewing nearly one thousand instances of protest in China from the eighteenth to the early-nineteenth centuries, Ho-fung Hung charts an evolution of Chinese dissent that stands apart from Western trends. Hung samples from mid-Qing petitions and humble plaints to the emperor. He revisits rallies, riots, market strikes, and other forms of contention rarely considered in previous studies. Drawing on new world history, which accommodates parallels and divergences between political-economic and cultural developments East and West, Hung shows how the centralization of political power and an expanding market, coupled with a persistent Confucianist orthodoxy, shaped protesters' strategies and appeals in Qing China. This unique form of mid-Qing protest combined a quest for justice and autonomy with a filial-loyal respect for the imperial center, and Hung's careful research ties this distinct characteristic to popular protest in China today. As Hung makes clear, the nature of these protests prove late imperial China was anything but a stagnant and tranquil empire before the West cracked it open. In fact, the origins of modern popular politics in China predate the 1911 Revolution. Hung's work ultimately establishes a framework others can use to compare popular protest among different cultural fabrics. His book fundamentally recasts the evolution of such acts worldwide.
Download or read book Forgery and Impersonation in Imperial China written by Mark McNicholas and published by University of Washington Press. This book was released on 2016-03-29 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Wealth and Power written by Orville Schell and published by . This book was released on 2013 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two leading experts on China evaluate its rise throughout the past one hundred fifty years, sharing portraits of key intellectual and political leaders to explain how China transformed from a country under foreign assault to a world giant.
Download or read book The Economy of Lower Yangzi Delta in Late Imperial China written by Billy Kee Long So and published by Routledge. This book was released on 2013 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores aspects of this vibrant market economy in late imperial China, and by presenting a reconstructed narrative of economic development in the early modern Jiangnan, provides new perspectives on established theories of Chinese economic development. Further, by examining economic values alongside social structures, this book produces a historically comprehensive account of the contemporary Chinese economy which engenders a deeper and broader understanding of China's current economic success.
Download or read book Kashgar Revisited Uyghur Studies in Memory of Ambassador Gunnar Jarring written by and published by BRILL. This book was released on 2016-11-07 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on the rich scholarly legacy of Gunnar Jarring, the Swedish Turkologist and diplomat, the fourteen contributions by sixteen authors representing a variety of disciplines in the humanities and the social sciences provide an insight into ongoing research trends in Uyghur and Xinjiang Studies. In one way or other all the chapters explore how new research in the fields of history, linguistics, anthropology and folklore can contribute to our understanding of Xinjiang’s past and present, simultaneously pointing to those social and knowledge practices that Uyghurs today can claim as part of their traditions in order to reproduce and perpetuate their cultural identity. Contributors include: Ildikó Bellér-Hann, Rahile Dawut, Arienne Dwyer, Fredrik Fällman, Chris Hann, Dilmurat Mahmut, Takahiro Onuma, Alexandre Papas, Eric Schluessel, Birgit Schlyter, Joanne Smith Finley, Rune Steenberg Jun Sugawara, Äsäd Sulaiman, Abdurishid Yakup, Thierry Zarcone.
Download or read book The Cultural Revolution on Trial written by Alexander C. Cook and published by Cambridge University Press. This book was released on 2016-11-07 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Indictment -- Monsters -- Testimony -- Emotions -- Verdict -- Vanity -- Conclusion -- Index of Chinese terms
Download or read book Heaven Has Eyes written by Xiaoqun Xu and published by Oxford University Press. This book was released on 2020-10-13 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Heaven Has Eyes is a comprehensive but concise history of Chinese law and justice from the imperial era to the post-Mao era. Never before has a single book treated the traditional Chinese law and judicial practices and their modern counterparts as a coherent history, addressing both criminal and civil justice. This book fills this void. Xiaoqun Xu addresses the evolution and function of law codes and judicial practices throughout China's long history, and examines the transition from traditional laws and practices to modern ones in the twentieth century. To the Chinese of the imperial era, justice was an alignment of heavenly reason (tianli), state law (guofa), and human relations (renqing). Such a conception did not change until the turn of the twentieth century, when Western-derived notions-natural rights, legal equality, the rule of law, judicial independence, and due process--came to replace the Confucian moral code of right and wrong. The legal-judicial reform agendas that emerged in the beginning of the twentieth century (and are still ongoing today) stemmed from this change in Chinese moral and legal thinking, but to materialize the said principles in everyday practices is a very different order of things, and the past century was fraught with legal dramas and tragedies. Heaven Has Eyes lays out how and why that is the case.
Download or read book Forgotten Heroes San On County and its Magistrates in the Late Ming and Early Qing written by Patrick H. Hase and published by City University of HK Press. This book was released on 2017-07-19 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an attempt to clarify the history of San On County — the broader Hong Kong area — centring on the troubled years of the sixteenth and seventeenth centuries. It is based on an in-depth study of the San On County Gazetteer, which allows for a detailed discussion of the role, attitudes, and personalities of the San On magistrates, who were the heads of the county administration during this period. Particular focus is given to Zhou Xiyao (magistrate 1640–1644) and Li Kecheng (magistrate 1670–1675). The study finds that they, and at least some of the other magistrates of this period, were genuinely concerned about the county and its people, and tried as best they could to provide good and effective government for them.
