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Criminal Intent And Homicide Law In Qing And Republican China
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Book Synopsis A Question of Intent by : Jennifer M. Neighbors
Download or read book A Question of Intent written by Jennifer M. Neighbors and published by BRILL. This book was released on 2018-04-17 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A Question of Intent, Jennifer M. Neighbors unpacks the complicated late imperial homicide continuum and its Republican-era counterpart, revealing a Chinese justice system, both before and after 1911, that defies assignment to binary categories of modern and pre-modern law.
Book Synopsis Criminal Intent and Homicide Law in Qing and Republican China by : Jennifer Michelle Neighbors
Download or read book Criminal Intent and Homicide Law in Qing and Republican China written by Jennifer Michelle Neighbors and published by . This book was released on 2004 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Legal Transplantation in Early Twentieth-Century China by : Michael H. K. Ng
Download or read book Legal Transplantation in Early Twentieth-Century China written by Michael H. K. Ng and published by Routledge. This book was released on 2014-05-23 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Practicing law" has a dual meaning in this book. It refers to both the occupational practice of law and the practicing of transplanted laws and institutions to perfect them. The book constitutes the first monographic work on the legal history of Republican Beijing, and provides an in-depth and comprehensive account of the practice of law in the city of Beijing during a period of social transformation. Drawing upon unprecedented research using archived records and other primary materials, it explores the problems encountered by Republican Beijing’s legal practitioners, including lawyers, policemen, judges and criminologists, in applying transplanted laws and legal institutions when they were inapplicable to, incompatible with, or inadequate for resolving everyday legal issues. These legal practitioners resolved the mismatch, the author argues, by quite sensibly assimilating certain imperial laws and customs and traditional legal practices into the daily routines of the recently imported legal institutions. Such efforts by indigenous legal practitioners were crucial in, and an integral part of, the making of legal transplantation in Republican Beijing. This work not only makes significant contributions to scholarship on the legal history of modern China, but also offers insights into China’s quest for modernization in its first wave of legal globalization. It is thus of great value to legal historians, comparative legal scholars, specialists in Chinese law and China studies, and lawyers and law students with an interest in Chinese legal history.
Book Synopsis The Making of the Human Sciences in China by : Howard Chiang
Download or read book The Making of the Human Sciences in China written by Howard Chiang and published by BRILL. This book was released on 2019-05-07 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a history of how “the human” has been constituted as a subject of scientific inquiry in China from the seventeenth century to the present.
Book Synopsis Polyandry and Wife-Selling in Qing Dynasty China by : Matthew H. Sommer
Download or read book Polyandry and Wife-Selling in Qing Dynasty China written by Matthew H. Sommer and published by Univ of California Press. This book was released on 2015-09-15 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a study of polyandry, wife-selling, and a variety of related practices in China during the Qing dynasty (1644-1912). By analyzing over 1200 legal cases from local and central court archives, Matthew Sommer explores the functions played by marriage, sex, and reproduction in the survival strategies of the rural poor under conditions of overpopulation, worsening sex ratios, and shrinking farm sizes. Polyandry and wife-selling represented opposite ends of a spectrum of strategies. At one end, polyandry was a means to keep the family together by expanding it. A woman would bring in a second husband in exchange for his help supporting her family. In contrast, wife sale was a means to survive by breaking up a family: a husband would secure an emergency infusion of cash while his wife would escape poverty and secure a fresh start with another man. Even though Qing law prohibited both practices under the rubric "illicit sexual relations," Sommer shows how magistrates charged with propagating and enforcing a fundamentalist Confucian vision of female chastity tried to cope with their social reality in the face of daunting poverty. This contradiction illuminates both the pragmatism of routine adjudication and the increasingly dysfunctional nature of the dynastic state in the face of mounting social crisis. By casting a spotlight on the rural poor and the experiences of both men and women, Sommer provides an alternative to the standard paradigms of women’s history that have long dominated scholarship on gender and sexuality in late imperial China.
Book Synopsis The Peking Gazette by : Lane J. Harris
Download or read book The Peking Gazette written by Lane J. Harris and published by BRILL. This book was released on 2018-05-07 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Peking Gazette: A Reader in Nineteenth-Century Chinese History, Lane J. Harris introduces an extraordinary collection of primary sources covering China’s long nineteenth century (1793-1912) that allows readers to understand how the Manchu emperors and the multiethnic subjects of the Great Qing Empire experienced this tumultuous period.
Book Synopsis Research from Archival Case Records by : Philip C.C. Huang
Download or read book Research from Archival Case Records written by Philip C.C. Huang and published by BRILL. This book was released on 2014-04-30 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal history studies have often focused mainly on codified law, without attention to actual practice, and on the past, without relating it to the present. As the title—Research from Archival Case Records: Law, Society, and Culture in China—of this book suggests, the authors deliberately follow the research method of starting from court actions and only on that basis engage in discussions of laws and legal concepts and theory. The articles cover a range of topics and source materials, both past and present. They provide some surprising findings—about disjunctures between code and practice, adjustments between them, and how those reveal operative principles and logics different from what the legal texts alone might suggest. Contributors are: Kathryn Bernhardt, Danny Hsu, Philip C. C. Huang, Christopher Isett, Yasuhiko Karasawa, Margaret Kuo, Huaiyin Li, Jennifer M. Neighbors, Bradly W. Reed, Matthew H. Sommer, Huey Bin Teng, Lisa Tran, Elizabeth VanderVen, and Chenjun You.
Book Synopsis Chinese Law in Imperial Eyes by : Li Chen
Download or read book Chinese Law in Imperial Eyes written by Li Chen and published by Columbia University Press. This book was released on 2015-12-22 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did American schoolchildren, French philosophers, Russian Sinologists, Dutch merchants, and British lawyers imagine China and Chinese law? What happened when agents of presumably dominant Western empires had to endure the humiliations and anxieties of maintaining a profitable but precarious relationship with China? In Chinese Law in Imperial Eyes, Li Chen provides a richly textured analysis of these related issues and their intersection with law, culture, and politics in the eighteenth and nineteenth centuries. Using a wide array of sources, Chen's study focuses on the power dynamics of Sino-Western relations during the formative century before the First Opium War (1839-1842). He highlights the centrality of law to modern imperial ideology and politics and brings new insight to the origins of comparative Chinese law in the West, the First Opium War, and foreign extraterritoriality in China. The shifting balance of economic and political power formed and transformed knowledge of China and Chinese law in different contact zones. Chen argues that recovering the variegated and contradictory roles of Chinese law in Western "modernization" helps provincialize the subsequent Euro-Americentric discourse of global modernity. Chen draws attention to important yet underanalyzed sites in which imperial sovereignty, national identity, cultural tradition, or international law and order were defined and restructured. His valuable case studies show how constructed differences between societies were hardened into cultural or racial boundaries and then politicized to rationalize international conflicts and hierarchy.
Download or read book Powerful Arguments written by and published by BRILL. This book was released on 2020-03-02 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in Powerful Arguments reconstruct the standards of validity underlying argumentative practices in a wide array of late imperial Chinese discourses, ranging from historiography, philosophy, law and religion to natural studies, literature, and the civil examination system.
Download or read book 清代的故意杀人罪 written by 闵冬芳 and published by BEIJING BOOK CO. INC.. This book was released on 2021-11-07 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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。
Book Synopsis Chinese Civil Justice, Past and Present by : Philip C. C. Huang
Download or read book Chinese Civil Justice, Past and Present written by Philip C. C. Huang and published by Rowman & Littlefield. This book was released on 2009-12-16 with total page 317 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.
Book Synopsis Land of Strangers by : Eric Schluessel
Download or read book Land of Strangers written by Eric Schluessel and published by Columbia University Press. This book was released on 2020-10-20 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the close of the nineteenth century, near the end of the Qing empire, Confucian revivalists from central China gained control of the Muslim-majority region of Xinjiang, or East Turkestan. There they undertook a program to transform Turkic-speaking Muslims into Chinese-speaking Confucians, seeking to bind this population and their homeland to the Chinese cultural and political realm. Instead of assimilation, divisions between communities only deepened, resulting in a profound estrangement that continues to this day. In Land of Strangers, Eric Schluessel explores this encounter between Chinese power and a Muslim society through the struggles of ordinary people in the oasis of Turpan. He follows the stories of families divided by war, women desperate to survive, children unsure where they belong, and many others to reveal the human consequences of a bloody conflict and the more insidious violence of reconstruction. Schluessel traces the emergence of new struggles around essential questions of identity, showing how religious and linguistic differences converged into ethnic labels. Reading across local archives and manuscript accounts in the Chinese and Chaghatay languages, he recasts the attempted transformation of Xinjiang as a distinctly Chinese form of colonialism. At a time when understanding the roots of the modern relationship between Uyghurs and China has taken on new urgency, Land of Strangers illuminates a crucial moment of social and cultural change in this dark period of Xinjiang’s past.
Book Synopsis State and Family in China by : Yue Du
Download or read book State and Family in China written by Yue Du and published by Cambridge University Press. This book was released on 2021-11-11 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Imperial China, the idea of filial piety not only shaped family relations but was also the official ideology by which Qing China was governed. In State and Family in China, Yue Du examines the relationship between politics and intergenerational family relations in China from the Qing period to 1949, focusing on changes in family law, parent-child relationships, and the changing nature of the Chinese state during this period. This book highlights how the Qing dynasty treated the state-sponsored parent-child hierarchy as the axis around which Chinese family and political power relations were constructed and maintained. It shows how following the fall of the Qing in 1911, reform of filial piety law in the Republic of China became the basis of state-directed family reform, playing a central role in China's transition from empire to nation-state.
Download or read book Death in Beijing written by Daniel Asen and published by Cambridge University Press. This book was released on 2016-07-28 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this innovative and engaging history of homicide investigation in Republican Beijing, Daniel Asen explores the transformation of ideas about death in China in the first half of the twentieth century. In this period, those who died violently or under suspicious circumstances constituted a particularly important population of the dead, subject to new claims by police, legal and medical professionals, and a newspaper industry intent on covering urban fatality in sensational detail. Asen examines the process through which imperial China's old tradition of forensic science came to serve the needs of a changing state and society under these dramatically new circumstances. This is a story of the unexpected outcomes and contingencies of modernity, presenting new perspectives on China's transition from empire to modern nation state, competing visions of science and expertise, and the ways in which the meanings of death and dead bodies changed amid China's modern transformation.
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 352 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.
Book Synopsis The Handbook of Homicide by : Fiona Brookman
Download or read book The Handbook of Homicide written by Fiona Brookman and published by John Wiley & Sons. This book was released on 2017-05-01 with total page 757 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook of Homicide presents a series of original essays by renowned authors from around the world, reflecting the latest scholarship on the nature, causes, and patterns of homicide, as well as policies and practices for its investigation and prevention. Includes comprehensive coverage of the complex phenomenon of homicide and its various forms Features original contributions from an esteemed team of global experts and scholars with chapters highlighting the authors’ original research Represents the first internationally-focused collection of the latest research on the nature and causes of homicide Covers both the causes and dynamics of homicide, as well as policies and practices intended to address it
Book Synopsis Dissertation Abstracts International by :
Download or read book Dissertation Abstracts International written by and published by . This book was released on 2005 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt:
