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(Ebook) Research from Archival Case Records Law Society and Culture in China 1st Edition by Philip CC Huang, Kathryn Bernhardt ISBN 9789004271890 9004271899

  • SKU: EBN-51289558
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Authors:Philip C. C. Huang; Kathryn Bernhardt
Pages:586 pages.
Year:2014
Editon:1
Publisher:BRILL
Language:english
File Size:2.15 MB
Format:pdf
ISBNS:9789004271890, 9004271899
Categories: Ebooks

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(Ebook) Research from Archival Case Records Law Society and Culture in China 1st Edition by Philip CC Huang, Kathryn Bernhardt ISBN 9789004271890 9004271899

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ISBN 10: 9004271899
ISBN 13: 9789004271890
Author: Philip CC Huang, Kathryn Bernhardt

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

(Ebook) Research from Archival Case Records Law Society and Culture in China 1st Edition Table of contents:

Part One: Analytical Approaches

1. The History-of-Practice Approach to Studying Chinese Law – Philip C.C. Huang
Explores legal formalism, inheritance rights, divorce law practices, and community mediation under minimalist governance. 

2. Women and Property in China, 960–1949 – Kathryn Bernhardt
Analyzes women's property rights and their evolution over nearly a millennium

3. Illicit Bureaucrats – Bradly W. Reed
Investigates corruption and abuses among Qing dynasty officials

4. From Oral Testimony to Written Records in Qing Legal Cases – Yasuhiko Karasawa
Examines the transition from oral to written legal proceedings in Qing China

5. Abortion in Late Imperial China: Routine Birth Control or Crisis Intervention? – Matthew H. Sommer
Discusses the role of abortion in Qing legal records and its societal implications.

Part Two: Buying and Selling of Land; Homicides

6. Customary and Judicial Practices and the Criminal Sale of Land in Qing Manchuria – Christopher Isett
Analyzes land transactions and their criminalization in Qing Manchuria.

7. Guoshi Killing: The Continuum of Criminal Intent in Qing and Republican China – Jennifer M. Neighbors
Explores the legal treatment of guoshi killings across two dynastic periods. 

Part Three: Tax; Education; Local Governance

8. Between the State and the Village: Land Taxation and 'Substantive Governance' in Traditional China – Huaiyin Li
Investigates land taxation and local governance structures in traditional China.

9. Village-State Cooperation: Modern Community Schools and Their Funding, Haicheng County, Fengtian, 1905–1931 – Elizabeth VanderVen
Examines the collaboration between village and state in funding community schools.

10. Power Networks and State-Society Relations in Republican China – Danny Hsu
Analyzes power dynamics and governance during the Republican era.

Part Four: Concubinage; Spousal Abuse; Transnational Families

11. Ceremony and the Definition of Marriage under Republican Law – Lisa Tran
Explores the legal definitions and ceremonies surrounding marriage. 

12. Spousal Abuse: Divorce Litigation and the Emergence of Rights Consciousness in Republican China – Margaret Kuo
Investigates divorce litigation and the rise of rights awareness. 

13. Law, Gongqin and Transnational Polygamy: Family Matters in Fujian and British Malaya, 1855–1942 – Huey Bin Teng
Examines family law and polygamy across borders. 

Part Five: Past and Present: Local Administration; Court Mediation

14. Centralized Minimalism: Semiformal Governance by Quasi-Officials and Dispute Resolution in China – Philip C.C. Huang
Discusses semi-formal governance and dispute resolution mechanisms. 

15. Court Mediation in China, Past and Present – Philip C.C. Huang
Analyzes the evolution of court mediation practices.

16. How a 'New Legal History' Might Be Possible: Recent Trends in Chinese Legal History Studies in the United States and Their Implications – Chenjun You
Explores recent trends and their implications in Chinese legal history studies

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Tags: Philip CC Huang, Kathryn Bernhardt, Archival Case Records, Law, Society

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