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Full Description
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.
Contents
IntroductionPhilip C. C. HuangPart One Analytical Approaches: History of Practice*Women's History*Local Administration*Discourse Analysis*Case Records as Ethnographic Evidence1. The History-of-Practice Approach to Studying Chinese Law (Introduction to Chinese Civil Justice, Past and Present)Philip C. C. HuangPractice as Opposed to Theory: Legal Formalism and the History of Practice of American LawPractice as Opposed to Representation: Qing LawPractice as Opposed to Institutions: Male and Female Inheritance Rights and Their Actual OperationThe History of Practice vs. Formalist TheoryPractical MoralismDivorce Law Practices and the System of Court MediationThe Third Realm and Centralized MinimalismCommunity Mediation under Minimalist Governance2. Women and Property in China, 960-1949, Introduction and ConclusionKathryn BernhardtIntroductionConclusion3. Illicit Bureaucrats Bradly W. ReedPrefaceThe IssuesPast Scholarship4. From Oral Testimony to Written Records in Qing Legal CasesYasuhiko KarasawaIntroductionThe Status of Depositions in Qing Legal ProcedureWriting Legal Testimony in the Context of Literary CultureRecords of Oral Testimony Written in the VernacularComposing Testimony at the Local Level: A "Directly Examined" Case from BeijingConclusion5. Abortion in Late Imperial China: Routine Birth Control or Crisis Intervention? Matthew H. SommerIntroductionPast ScholarshipAbortion in Qing Legal RecordsUnsafe Abortion in Modern ChinaConclusionPart Two Buying and Selling of Land*Homicides6. Customary and Judicial Practices and the Criminal Sale of Land in Qing ManchuriaChristopher IsettSources and MethodsThe Criminalization of Customary Practice in ManchuriaThe Sale of Qing Land to CommonersRural Agents, Peasant Defiance, and the Politics of Local CompromiseAdjudication in the Face of Criminal Customary Acts7. Guoshi Killing: The Continuum of Criminal Intent in Qing and Republican ChinaJennifer M. NeighborsGuoshi Killing in the Qing DynastyThe Republican CodesConclusionPart Three Tax*Education*Local Governance8. Between the State and the Village: Land taxation and "Substantive Governance" in Traditional ChinaHuaiyin LiIntroductionThe County Government and the XiangdiVillage Regulations on Taxation in the Late QingVillage Regulations on Taxation in the Republican PeriodThe Collection of Enclave TaxesConclusion9. Village-State Cooperation: Modern Community Schools and Their Funding, Haicheng County, Fengtian, 1905-1931Elizabeth VanderVenThe Setting: Fengtian Province and Haicheng CountyFunding the New Community Primary SchoolsMulti-Village Relationships: Creativity, Cooperation, and Conflict10. Power Networks and State-Society Relations in Republican ChinaDanny HsuLocal Governance in Late Imperial ChinaXinmin County in Early Republican ChinaPower Networks in Xinmin CountySub-County Administration in the Early RepublicSichuan and the National GovernmentConclusionPart Four Concubinage*Spousal Abuse *Transnational Families11. Ceremony and the Definition of Marriage under Republican LawLisa TranCeremony in Social PracticeCeremony in Early Republican LawThe Legal Space for Concubinage in the Early RepublicCeremony in the 1929-30 Civil CodeFrom Consent to Complicity under GMD Law12. Spousal Abuse: Divorce Litigation and the Emergence of Rights Consciousness in Republican ChinaMargaret KuoThe Prevalence of Intolerable Cruelty Divorce LitigationFrom Grievance to Injustice: "Naming, Blaming, and Claiming""Please protect women's rights": Cao Xiuzhen's PleasIntolerable Cruelty Defenses: Marriage Finance, Economic Hardship, and Socioeconomic Interpretations of RightsState Approaches to Intolerable Cruelty Cases: Judicial Outcomes Affirm a Modern Conjugal PatriarchyIndividual Rights and the Ironic Affirmation of Modern Conjugal Patriarchy13. Law, Gongqin and Transnational Polygamy: Family Matters in Fujian and British Malaya, 1855-1942Huey Bin TengBetween Two Worlds: The Making of Chinese Customary Law in MalayaExceptions to the Common Law: The Making of Chinese Customary LawMediation and Enforcement: The Gongqin in Cross-Border ConflictsPart Five Past and Present: Local Administration* Court Mediation14. Centralized Minimalism: Semiformal Governance by Quasi-Officials and Dispute Resolution in ChinaPhilip C. C. HuangThe EvidenceCentralized MinimalismConfucianized LegalismBureaucratization and Minimalism in Contemporary China15. Court Mediation in China, Past and PresentPhilip C. C. HuangThe Ideology of Mediation in the QingThe Actual Practice of Qing CourtsMediation in the RepublicThe Ideology of Mediation in Post-1949 ChinaThe Practice of Court Mediation in Post-1949 ChinaBetween Mediation and AdjudicationThe Nature of Contemporary Chinese Judicial MediationThe Qing, the Republic, and Post-1949 ChinaThe Logic of Chinese Court MediationPostscript16. How a "New Legal History" Might Be Possible: Recent Trends in Chinese Legal History Studies in the United States and Its ImplicationsChenjun YouIntroduction: An Intellectual Earthquake?Westerners' Misunderstandings of and Reflections on Traditional Chinese LawJudicial Archives and Research on Chinese Legal HistoryChinese Legal History Studies and the Social SciencesDiscovering a Historical Sense in the Meeting of Empiricism and TheoryStones from Other Hills May Serve to Polish the Jade of This One , : The UCLA Research Group's Achievements and Chinese IntrospectionConclusion
