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Delivering Justice In Qing China
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Book Synopsis Delivering Justice in Qing China by : Linxia Liang
Download or read book Delivering Justice in Qing China written by Linxia Liang and published by . This book was released on 2007 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This detailed analysis of the Qing law codes and 100 19th 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.
Book Synopsis Civil Justice in China by : Philip C. C. Huang
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.
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: 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.
Book Synopsis Delivering Justice in Qing China by : Linxia Liang
Download or read book Delivering Justice in Qing China written by Linxia Liang and published by . 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.
Book Synopsis Civil Justice in China by : Philip C. C. Huang
Download or read book Civil Justice in China written by Philip C. C. Huang and published by . This book was released on 2022 with total page 288 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.
Book Synopsis Law, Justice and Codification in Qing China by : Guido Abbattista
Download or read book Law, Justice and Codification in Qing China written by Guido Abbattista and published by . This book was released on 2017 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Code, Custom, and Legal Practice in China by : Philip C. Huang
Download or read book Code, Custom, and Legal Practice in China written by Philip C. Huang and published by Law, Society, and Culture in China. This book was released on 2001 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Chinese Civil Justice, Past and Present by : Philip C. Huang
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. The author argues that, despite formal adherence to Western law and legal theory, traditional Chinese judicial practices continue to flourish. Huang draws on a rich array of court records and field interviews to illustrate the surprising strength of traditional Chinese civil justice, as can be seen in societal and cadres mediation, and in court actions with respect to property rights, inheritance and old-age maintenance, and debts. Maoist justice too remains influential, especially its divorce and court mediation practices. Finally, despite the recent massive adoption of Western laws, legal reasoning employed in judicial practice has shown stunning continuity, with major implications for China's future.
Book Synopsis Dispute Resolution in the People’s Republic of China by : Zhiqiong June Wang
Download or read book Dispute Resolution in the People’s Republic of China written by Zhiqiong June Wang and published by BRILL. This book was released on 2019-12-02 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive and contextual analysis of the various methods of civil dispute resolution in the PRC. The approach to analysis is historical, comparative and socio-legal.
Book Synopsis Protest with Chinese Characteristics by : Ho-fung Hung
Download or read book Protest with Chinese Characteristics written by Ho-fung Hung and published by Columbia University Press. This book was released on 2011-05-31 with total page 283 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 China's New Order written by Hui Wang and published by Harvard University Press. This book was released on 2003 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing the transformations that China has undertaken since 1989, Wang Hui argues that it features elements of the new global order as a whole in which considerations of economic growth and development have trumped every other concern, particularly democracy and social justice.
Book Synopsis Exile in Mid-Qing China by : Joanna Waley-Cohen
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.
Book Synopsis Mediation in Contemporary Chinese Civil Justice by : Peter C.H. Chan
Download or read book Mediation in Contemporary Chinese Civil Justice written by Peter C.H. Chan and published by Martinus Nijhoff Publishers. This book was released on 2017-09-18 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Mediation in Contemporary Chinese Civil Justice, Peter Chan offers one of the most comprehensive analyses of the system of mediation of civil and commercial disputes in contemporary China. Based on extensive interviews with judges and a survey on in-court mediation covering 24 courts in China, the author seeks to answer a question that interests many legal scholars: Is it practically feasible for the mediation of civil disputes in China to take the shape of genuine alternative dispute resolution, rather than being used by the courts as a means to preserve social stability? The book looks beyond procedural rules and examines how judicial culture and beliefs shape the landscape of civil dispute resolution in China.
Book Synopsis Forgery and Impersonation in Imperial China by : Mark McNicholas
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 2016-04-05 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.
Book Synopsis The Qing Dynasty and Traditional Chinese Culture by : Richard J. Smith
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.
Book Synopsis Restless Empire by : Odd Arne Westad
Download or read book Restless Empire written by Odd Arne Westad and published by Basic Books. This book was released on 2012-08-28 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the twenty-first century dawns, China stands at a crossroads. The largest and most populous country on earth and currently the world's second biggest economy, China has recently reclaimed its historic place at the center of global affairs after decades of internal chaos and disastrous foreign relations. But even as China tentatively reengages with the outside world, the contradictions of its development risks pushing it back into an era of insularity and instability -- a regression that, as China's recent history shows, would have serious implications for all other nations. In Restless Empire, award-winning historian Odd Arne Westad traces China's complex foreign affairs over the past 250 years, identifying the forces that will determine the country's path in the decades to come. Since the height of the Qing Empire in the eighteenth century, China's interactions -- and confrontations -- with foreign powers have caused its worldview to fluctuate wildly between extremes of dominance and subjugation, emulation and defiance. From the invasion of Burma in the 1760s to the Boxer Rebellion in the early 20th century to the 2001 standoff over a downed U.S. spy plane, many of these encounters have left Chinese with a lingering sense of humiliation and resentment, and inflamed their notions of justice, hierarchy, and Chinese centrality in world affairs. Recently, China's rising influence on the world stage has shown what the country stands to gain from international cooperation and openness. But as Westad shows, the nation's success will ultimately hinge on its ability to engage with potential international partners while simultaneously safeguarding its own strength and stability. An in-depth study by one of our most respected authorities on international relations and contemporary East Asian history, Restless Empire is essential reading for anyone wishing to understand the recent past and probable future of this dynamic and complex nation.
Book Synopsis The Search for Modern China by : Jonathan D. Spence
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: In this widely acclaimed history of modern China, Jonathan Spence achieves a fine blend of narrative richness and efficiency. The Search for Modern China offers a matchless introduction to China's history.
