Murakami Sale
 
 

Recently Viewed clear list


Original Essays | August 20, 2014

Julie Schumacher: IMG Dear Professor Fitger



Saint Paul, August 2014 Dear Professor Fitger, I've been asked to say a few words about you for Powells.com. Having dreamed you up with a ball-point... Continue »
  1. $16.07 Sale Hardcover add to wish list

    Dear Committee Members

    Julie Schumacher 9780385538138

spacer
Qualifying orders ship free.
$30.25
New Trade Paper
Ships in 1 to 3 days
Add to Wishlist
available for shipping or prepaid pickup only
Available for In-store Pickup
in 7 to 12 days
Qty Store Section
1 Remote Warehouse Law- General

Code, Custom, and Legal Practice in China: The Qing and the Republic Compared (Law, Society, and Culture in China)

by

Code, Custom, and Legal Practice in China: The Qing and the Republic Compared (Law, Society, and Culture in China) Cover

 

Synopses & Reviews

Publisher Comments:

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 book asks the question: What changes occurred and what remained the same in Chinese civil justice from the Qing to the Republic? Civil justice is here interpreted to mean not only codified law but also actual legal practice. Since the consequences of court actions frequently differed from the codes intent, this book also addresses the question of how legal practice mediated between code and custom. It aims to track the developing history of the legal system and to discover what it meant in the lives of the Chinese people.

Part One covers the revising of the Qing code and the drafting of new codes, especially the Civil Code of 1929-30, the major institutional changes that preceded the promulgation of new laws, and the organizing principles of those laws. Part Two, the main body of the text, uses case records from both the Qing and the Republic to examine certain topics that engendered frequent litigation: conditional sales of land, topsoil ownership, debt, old-age support, and womens choices in marriage, divorce, and illicit sex.

The book demonstrates the contrasting logics of Qing and Republican law: of privileges granted by the absolutist ruler versus rights independent of the will of the ruler, of a survival ethic versus a capitalist one, of patrifamilial property versus individual property, of reciprocal parent-child support versus unidirectional support, and of partial and limited choice for women versus independent agency. The book shows, however, that in actual practice the new legal systems made many accommodations to traditional customs, thus making major concessions to social realities while still holding to radically different principles.

The author demonstrates the inadequacies of a simple contrast between the Chinese legal tradition and modernity, or between China and the West. He argues instead for paying attention to the local knowledge of modernization and to the logics not only of the codes but also of customs and court actions. He shows, finally, the importance of both systemic structure and individual choice for this social and cultural study of Chinese law.

Synopsis:

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.

Synopsis:

“Huangs convincing work, at the vanguard of important changes in our vision of Chinese law, deserves wide readership and should be of interest to many types of readers.”—Canadian Journal of Law and Society

“[Code, Custom, and Legal Practice in China] will be of substantial interest to historians and legal scholars of modern China.”—American Historical Review

Synopsis:

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 book asks the question: What changes occurred and what remained the same in Chinese civil justice from the Qing to the Republic? Civil justice is here interpreted to mean not only codified law but also actual legal practice. Since the consequences of court actions frequently differed from the code's intent, this book also addresses the question of how legal practice mediated between code and custom. It aims to track the developing history of the legal system and to discover what it meant in the lives of the Chinese people.

Description:

Includes bibliographical references (p. [219]-228) and index.

About the Author

Philip C. C. Huang is Professor of History and founding Director of the Center for Chinese Studies at the University of California, Los Angeles. His most recent book is Civil Justice in China: Representation and Practice in the Qing (Stanford, 1996).

Table of Contents

1. Introduction; Part I. From Qing to Guomindang Law: 2. Civil law in the late Qing and the early republic: the revised Qing code; 3. Institutional and procedural changes in the late qing and the early republic; 4. The Guomindang civil code of 1929-30; Part II. Qing and Guomindang Civil Justice Compared: 5. Dian; 6. Topsoil ownership; 7. Debt; 8. Old-age support; 9. Women's choices under qing law: marriage and illicit sex; 10. Women's choices under Guomindang law: marriage, divorce, and adultery; 11. Conclusion; Appendix; References; Character list; Index.

Product Details

ISBN:
9780804741118
Author:
Huang, Philip C. C.
Publisher:
Stanford University Press
Author:
Huang, Philip
Location:
Stanford, Calif.
Subject:
General
Subject:
History
Subject:
Civil Procedure
Subject:
China
Subject:
Legal History
Subject:
Asia - China
Subject:
Renaissance
Subject:
Justice, administration of
Subject:
Civil law
Subject:
Justice, Administration of -- China -- History.
Subject:
Civil law -- China -- History.
Subject:
Law : General
Edition Number:
1
Edition Description:
1
Series:
Law, Society, and Culture in China (Paperback)
Series Volume:
v. 93
Publication Date:
20020431
Binding:
TRADE PAPER
Grade Level:
Professional and scholarly
Language:
English
Pages:
264
Dimensions:
9 x 6 in

Other books you might like

  1. A Wrinkle in Time
    Used Mass Market $3.50
  2. United We Stand Flying the American Flag Used Trade Paper $1.50
  3. In the Shadow of the Garrison State:... Used Trade Paper $18.95
  4. Abortion Before Birth Control: The... Used Trade Paper $9.95
  5. Gods of Egypt - Enhanced and... Used Hardcover $24.00

Related Subjects

History and Social Science » Law » General
History and Social Science » World History » China

Code, Custom, and Legal Practice in China: The Qing and the Republic Compared (Law, Society, and Culture in China) New Trade Paper
0 stars - 0 reviews
$30.25 In Stock
Product details 264 pages Stanford University Press - English 9780804741118 Reviews:
"Synopsis" by ,
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.
"Synopsis" by ,
“Huangs convincing work, at the vanguard of important changes in our vision of Chinese law, deserves wide readership and should be of interest to many types of readers.”—Canadian Journal of Law and Society

“[Code, Custom, and Legal Practice in China] will be of substantial interest to historians and legal scholars of modern China.”—American Historical Review

"Synopsis" by , 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 book asks the question: What changes occurred and what remained the same in Chinese civil justice from the Qing to the Republic? Civil justice is here interpreted to mean not only codified law but also actual legal practice. Since the consequences of court actions frequently differed from the code's intent, this book also addresses the question of how legal practice mediated between code and custom. It aims to track the developing history of the legal system and to discover what it meant in the lives of the Chinese people.
spacer
spacer
  • back to top
Follow us on...




Powell's City of Books is an independent bookstore in Portland, Oregon, that fills a whole city block with more than a million new, used, and out of print books. Shop those shelves — plus literally millions more books, DVDs, and gifts — here at Powells.com.