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Legal Pluralism in Qing China

Legal Pluralism in Qing China PDF Author: Max WL Wong
Publisher: BRILL
ISBN: 9004712658
Category : Social Science
Languages : en
Pages : 205

Book Description
In this book, Max WL Wong provides a new perspective on legal pluralism under the Qing dynasty (1644-1911) and provides an argument that in traditional Chinese legal culture the pluralistic normative orders were blended, in parallel with the established state legal system, to become a complexed administrative system exerting political and social control in Qing China. Specifically, he addresses these key questions. First, how were Chinese laws, and the quasi-legal norms that created a system of legal pluralism in Qing, reformed by the drive for legal modernization in the late Qing and Republican China as a response to the challenge of western laws? And second, how was the pluralistic structure of Chinese laws and norms in Qing China diffused and transplanted to Taiwan, Hong Kong and South East Asia in the form of ‘Chinese customary law’? Also, how was Chinese law subdued by the imposed legal systems of the colonisers, mainly Great Britain and Japan?

Legal Pluralism in Qing China

Legal Pluralism in Qing China PDF Author: Max WL Wong
Publisher: BRILL
ISBN: 9004712658
Category : Social Science
Languages : en
Pages : 205

Book Description
In this book, Max WL Wong provides a new perspective on legal pluralism under the Qing dynasty (1644-1911) and provides an argument that in traditional Chinese legal culture the pluralistic normative orders were blended, in parallel with the established state legal system, to become a complexed administrative system exerting political and social control in Qing China. Specifically, he addresses these key questions. First, how were Chinese laws, and the quasi-legal norms that created a system of legal pluralism in Qing, reformed by the drive for legal modernization in the late Qing and Republican China as a response to the challenge of western laws? And second, how was the pluralistic structure of Chinese laws and norms in Qing China diffused and transplanted to Taiwan, Hong Kong and South East Asia in the form of ‘Chinese customary law’? Also, how was Chinese law subdued by the imposed legal systems of the colonisers, mainly Great Britain and Japan?

Rule of Law Or Rule of Laws

Rule of Law Or Rule of Laws PDF Author: Pär Kristoffer Cassel
Publisher:
ISBN:
Category : China
Languages : en
Pages : 338

Book Description


Civil Law in Qing and Republican China

Civil Law in Qing and Republican China PDF Author:
Publisher: Stanford University Press
ISBN: 0804779279
Category : Law
Languages : en
Pages : 358

Book Description
The opening of local archives to Western scholars in the 1980's has provided the basis for this reexamination of civil law in Qing and Republican China. This pathbreaking volume demonstrates that, contrary to previous scholarly understanding, Qing and Republican courts dealt extensively with such civil matters as land rights, debt, marriage, and inheritance, and did so with striking consistency and in conformity with the written code.

Power and Justice

Power and Justice PDF Author: Xudong Zhao
Publisher: Springer
ISBN: 3662538342
Category : Social Science
Languages : en
Pages : 292

Book Description
This book discusses the relationship, interaction and conflict between everyday life and various institutions in a specific village in North China, with a focus on the formal and informal legal systems. It vividly describes the village’s “legal construction problems” as well as the customs and laws, and such it can be seen as a historical and innovative comment on China’s problems. The book is based on the author’s field investigations assessing vast amounts of material concerning local organizations, formal and informal authorities, economic exchange, religious rituals, as well as interviews with villagers and numerous court files. It presents an in-depth exploration of “pluralism of authority” in China’s rural society, and examines how various authorities were formed. It also summarizes how various local disputes are resolved and discusses the villagers’ understanding of the concept of “justice.” Lastly, it suggests ways in which national law and local customs could communicate and collaborate.

A Question of Intent

A Question of Intent PDF Author: Jennifer M. Neighbors
Publisher: BRILL
ISBN: 900433016X
Category : Law
Languages : en
Pages : 281

Book Description
In A Question of Intent: Homicide Law and Criminal Justice in Qing and Republican China, Jennifer M. Neighbors uses legal cases from the local, provincial and central levels to explore both the complexity with which Qing law addressed abstract concepts and the process of adoption, adaptation, and resistance as late imperial law gave way to criminal law of the Republican period. This study reveals a Chinese justice system, both before and after 1911, that defies assignment to binary categories of modern and pre-modern law that have influenced much of past scholarship.

Law and the Chinese in Southeast Asia

Law and the Chinese in Southeast Asia PDF Author: M Barry Hooker
Publisher: Institute of Southeast Asian Studies
ISBN: 9812301259
Category : Social Science
Languages : en
Pages : 226

Book Description
This collection of essays focuses on law and the diaspora Chinese. They show us a variety of answers to such questions as: what are the laws of China outside China; what are the laws of the Chinese in Southeast Asia; what were/are the laws for the Chinese in Southeast Asia; and is there a "Confucian Chinese"? The answers in some cases are reasonably certain but in others they are tentative and debatable. The legal material raises these issues in a way which is fundamental to diaspora studies.

Code, Custom, and Legal Practice in China

Code, Custom, and Legal Practice in China PDF Author: Philip C. Huang
Publisher:
ISBN: 9780804764575
Category : Law
Languages : en
Pages : 246

Book Description
"Studies of Chinese justice also permit the joining together of social and cultural history. Historians of society and economy, on the one hand, and of mentalities and culture, on the other, have long tended to go their separate ways. Law, however, is a sphere of life in which the two are inseparable. Legal case records contain evidence for both practice and representation. A study of law can tell us about the interconnections between actions and attitudes in ways that segmented studies of each cannot."--Jacket.

Culture and Order in World Politics

Culture and Order in World Politics PDF Author: Andrew Phillips
Publisher: Cambridge University Press
ISBN: 1108484972
Category : History
Languages : en
Pages : 397

Book Description
In pre-publication, book had the subtitle Diversity and its discontents.

Circulating the Code

Circulating the Code PDF Author: Assistant Professor of History Ting Zhang
Publisher:
ISBN: 9780295747163
Category :
Languages : en
Pages : 256

Book Description
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.

Competition Laws, Globalization and Legal Pluralism

Competition Laws, Globalization and Legal Pluralism PDF Author: Wu Qianlan
Publisher:
ISBN:
Category : Academic theses
Languages : en
Pages : 0

Book Description