9780804741118 - Code, Custom, and Legal Practice in China: The Qing and the Republic Compared (Law, Society, and Culture in China) de Huang, Philip (20 resultados)

Condición: New.

Condición: New.

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Paperback. Condición: New. 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. 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 women's 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.

PAP. Condición: New. New Book. Shipped from UK. Established seller since 2000.

Condición: new.

Condición: New. pp. 264.

Condición: New.

Condición: New. 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. Series: Law, Society & Culture in China. Num Pages: 264 pages. BIC Classification: 1FPC; 3JH; 3JJ; HBJF; HBLW; L. Category: (P) Professional & Vocational; (UP) Postgraduate, Research & Scholarly; (UU) Undergraduate. Dimension: 5817 x 3887 x 14. Weight in Grams: 354. . 2002. 1st Edition. Paperback. . . . .

Paperback / softback. Condición: New. New copy - Usually dispatched within 4 working days.

Condición: New. pp. 264 1st Edition.

Paperback. Condición: Brand New. 1st edition. 246 pages. 9.00x6.00x0.50 inches. In Stock.

Condición: As New. Unread book in perfect condition.

Soft cover. Condición: New. 1st Edition. ix, 246 pages ; 24 cm. Summary:"The opening of archives on legal case records and judicial administration in China has made possible a new examination of past assumptions about the Chinese justice system. Scholars can now ask where actual legal practice deviated from official and popular conceptualizations and depictions. In the process, they can arrive at a new understanding not only of the legal system, but of state-society relations and the nature of the Chinese social-political system as a whole.".

Condición: New. 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. Series: Law, Society & Culture in China. Num Pages: 264 pages. BIC Classification: 1FPC; 3JH; 3JJ; HBJF; HBLW; L. Category: (P) Professional & Vocational; (UP) Postgraduate, Research & Scholarly; (UU) Undergraduate. Dimension: 5817 x 3887 x 14. Weight in Grams: 354. . 2002. 1st Edition. Paperback. . . . . Books ship from the US and Ireland.

Paperback. Condición: New. 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. 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 women's 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.

Kartoniert / Broschiert. Condición: New. 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 .

Taschenbuch. Condición: Neu. Neuware - 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.

Paperback. Condición: Brand New. 1st edition. 246 pages. 9.00x6.00x0.50 inches. In Stock. This item is printed on demand.

Paperback / softback. Condición: New. This item is printed on demand. New copy - Usually dispatched within 5-9 working days 388.