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,...

Asserting that litigation in late imperial China was a form of documentary warfare, this book offers a social analysis of the men who composed legal documents for commoners and elites alike. Litigation masters--a broad category of legal facilitators ranging from professional plaintmasters to simple but literate men to whom people turned for assistance--emerge in this study as central players in many of the most scandalous cases in eighteenth- and nineteenth-century China. These cases reveal the power of scandal to shape entire categories of law in the popular and official imaginations. The...

Previous scholarship has presented a static picture of property inheritance in China, mainly because it has focused primarily on men, whose rights changed little throughout the Imperial and Republican periods. However, when our focus shifts to women, a very different and dynamic picture emerges. Drawing on newly available archival case records, this book demonstrates that women's rights to property changed substantially from the Song through the Qing dynasties, and even more dramatically under the Republican Civil Code of 1929-30. The consolidation in law of patrilineal succession in the Ming...

For commoners in the Qing dynasty, the most salient agents of the imperial state were not the emperor's appointed officials but rather the clerks and runners of the county yamen, the lowest level of functionaries in the Qing state's administrative hierarchy. Yet until now we have known very little about these critically important persons beyond the caricatured portrayals of corruption and venality left by Qing high officials and elites. Drawing from the rich archival records of Ba county, Sichuan, the author challenges the simplicity of these portrayals by taking us inside the county...