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...
Previous scholarship has presented a static picture of property inheritance in China, mainly because it has focused primarily on men, whose rights cha...
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...
Previous scholarship has presented a static picture of property inheritance in China, mainly because it has focused primarily on men, whose rights cha...
Kathryn Bernhardt Philip C. C. Huang Madeleine Zelin
This pioneering volume shows that contrary to previous scholarly understanding, the courts in Qing (1644-1911) and Republican (1911-1949) China dealt extensively with civil matters such as land rights, debt, marriage, and inheritance; and, moreover, did so in a consistent and predictable way. Drawing on records of hundreds of cases from local archives in several parts of China, it considers such questions as the relation between codified law and legal practice, the role of legal and paralegal personnel, and the continuity in civil law between Qing and Republican China.
This pioneering volume shows that contrary to previous scholarly understanding, the courts in Qing (1644-1911) and Republican (1911-1949) China dealt ...
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...
Legal history studies have often focused mainly on codified law, without attention to actual practice, and on the past, without relating it to the pre...
