Law And Order In Sung China

This work is the first comprehensive study of law enforcement in traditional China. The depth and rigour to which the subject is treated makes it invaluable in the study of Chinese society or law and order.

This book, originally published in 2002, argues that the Mongol invasion of the thirteenth century precipitated a transformation of marriage and property law in China that deprived women of their property rights and reduced their legal and economic autonomy. It describes how after a period during which women's property rights were steadily improving, and laws and practices affecting marriage and property were moving away from Confucian ideals, the Mongol occupation created a new constellation of property and gender relations that persisted to the end of the imperial era. It shows how the Mongol-Yüan rule in China ironically created the conditions for radical changes in the law, which for the first time brought it into line with the goals of Learning the Way Confucians and which curtailed women's financial and personal autonomy. The book evaluates the Mongol invasion and its influence on Chinese law and society.

Originally written in Chinese but then expanded and translated by its author during the 1950s, Qu's painstaking 'Law and Society in Traditional China' is a tightly organized exposition of the laws governing the foci of traditional Chinese social structure. The book portrays the legal system of traditional China and shows the law not only in its abstractions but also in dozens of actual cases and their dispositions.

The first English translation of a selection of legal documents from Sung Dynasty China, this work provides a fascinating look at the legal, social, and economic history of that era.

In this sumptuously illustrated history, now in its second edition, Patricia Buckley Ebrey traces the origins of Chinese culture from prehistoric times to the present.

By the end of the eighth century A.D., imperial China had established a system of administrative and penal law, the main institutions of which lasted until the collapse of the Ch'ing dynasty in 1911. The Spirit of Traditional Chinese Law studies the views held throughout the centuries by the educated elite on the role of law in government, the relationship between law and morality, and the purpose of punishment. Geoffrey MacCormack's introduction offers a brief history of legal development in China, describes the principal contributions to the law of the Confucian and Legalist schools, and identifies several other attributes that might be said to constitute the "spirit" of the law. Subsequent chapters consider these attributes, which include conservatism, symbolism, the value attached to human life, the technical construction of the codes, the rationality of the legal process, and the purposes of punishment. A study of the "spirit" of the law in imperial China is particularly appropriate, says MacCormack, for a number of laws in the penal codes on family relationships, property ownership, and commercial transactions were probably never meant to be enforced. Rather, such laws were more symbolic and expressed an ideal toward which people should strive. In many cases even the laws that were enforced, such as those directed at the suppression of theft or killing, were also regarded as an emphatic expression of the right way to behave. Throughout his study, MacCormack distinguishes between "official," or penal and administrative, law, which emanated from the emperor to his officials, and "unofficial," or customary, law, which developed in certain localities or among associations of merchants and traders. In addition, MacCormack pays particular attention to the law's emphasis on the hierarchical ordering of relationships between individuals such as ruler and minister, ruler and subject, parent and child, and husband and wife. He also seeks to explain why, over nearly thirteen centuries, there was little change in the main moral and legal prescriptions, despite enormous social and economic changes.

Prosperity signifies success in economic performance. Economic performance always takes place in a spatial context. And institutions matter in economic performance. These three interwoven themes underlie this inquiry into the regional economy of southern Fukien province during the Sung and Yuan dynasties, when the area was one of the most prosperous regions in China. Through a meticulous reading of the sources, the author seeks to understand the meaning of prosperity in the premodern Chinese context and argues that we have to understand economic performance as a process occurring in space and influenced by institutions, which affect economic actors particularly through the means of transaction costs.

Argues that China is in transition from rule by law to a version of rule of law.