Law and Society in Traditional China


2019-05-16 03:04


Title: Law and Society in Traditional China

ISBN: 9787100084864

Press: The Commercial Press


The statement that China is passing through an unprecedented revolution has almost become a platitudebut its very obviousness in no way diminishes its truth. The changes which this huge and venerable country experienced in the past are negligible when compared with the developments of the last decade. The reason for this difference in degree-which amounts to a qualitative change-is that developments in the past hardly influenced fundamentals, if they ever did so at all, whereas the present transformation deeply affects them. It is even consciously aimed at changing the social structure and all that this entails.


I. Family and Tsu
 1. Scope of Family and Tsu
 2. Father's Authority
 3. Criminal Law and Familism
  Injury and Homicide
  Illicit Intercourse
  Juniors to be Punished as Substitutes
  Postponement of Punishment and Pardon
 4. Blood revenge
 5. Administrative Law and Familism
Ⅱ. Marriage
 1. Meaning of Marriage
 2. Prohibitions
  Relatives of Different Surnames
  Marriage with the Wife or Concubine of a Kinsman
 3. The Role of Seniors in Arranging a Marriage
 4. The Position of the Wife
 5. Relations with Members of the Husband's Family
 6. Divorce
  The Seven Conditions
  I chueh
 7. Concubinage
Ⅲ. Social Classes
 1. The Style of Life
  Clothing and Ornament
 2. Marriage
  Class Endogamy
  Wedding Ceremonies
 3. Funerals
 4. Ancestor Worship
IV. Social Classes continued
 1. The Law of the Feudal Nobles
 2. The Legal Privileges
  Nobles and Officials
  Family Members of Nobles and Officials
 3. Inequalities between the Free and the Mean
  Common People and Slaves
  Masters and Slaves
 4. Inequalities between Races
V. Magic and Law
 1. Ordeal
 2. Supernatural Recompense
 3. Taboo in Punishment
 4. Black Magic
VI. The Confucian School and the Legal School
 1. Li Versus Law
  Li and the Confucianists
  Law and the Legalists
 2. Virtue and Punishment
 3. The Confucianization of Law
 Chinese and Japanese Sources
  I. General Works
  II. Works on Law
   A. Codes and Commentaries
   B. History of Law and Administration of Justice


2019-05-16 11:02
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