Murder And Adultery In Late Imperial China

In this publication the development is traced of two sections of the chapter on "Homicide" of the penal code of the Qing dynasty (1644-1912), Murder and Homicide of an Adulterer. The former deals with premeditated homicide where there is no difference in status, social or family relations between murderer and victim, while in the latter we find the husband who kills his wife and her paramour when caught in the act. In that case, the husband was immune from prosecution, provided that he commited the act at the time and at the site. The first section developed in a clear and intelligent way, with in general some logical provisions being added from the beginning till the end of the dynasty. The second section, however, was enriched by 34 additional articles through legislation and judicial practice, which with a view to promoting moral purity in society, gradually circumvented the original restrictions to the husband's fury. Consequently, by accentuating the husband's important status and for the sake of maintaining the established hierarchy in society, that section changed into a bad and cruel part of the law, turning the husband's behaviour from an excusable exception into morally justified conduct, and likewise the woman's misbehaviour into a mortal sin. This has all been confirmed by the motivation of the legislation and sentences of the cases.

In this publication the development is traced of two sections of the chapter on "Homicide" of the penal code of the Qing dynasty (1644-1912), Murder and Homicide of an Adulterer. The former deals with premeditated homicide where there is no difference in status, social or family relations between murderer and victim, while in the latter we find the husband who kills his wife and her paramour when caught in the act. In that case, the husband was immune from prosecution, provided that he commited the act at the time and at the site. The first section developed in a clear and intelligent way, with in general some logical provisions being added from the beginning till the end of the dynasty. The second section, however, was enriched by 34 additional articles through legislation and judicial practice, which with a view to promoting moral purity in society, gradually circumvented the original restrictions to the husband's fury. Consequently, by accentuating the husband's important status and for the sake of maintaining the established hierarchy in society, that section changed into a bad and cruel part of the law, turning the husband's behaviour from an excusable exception into morally justified conduct, and likewise the woman's misbehaviour into a mortal sin. This has all been confirmed by the motivation of the legislation and sentences of the cases.

Endymion Wilkinson's bestselling manual of Chinese history has long been an indispensable guide to all those interested in the civilization and history of China. In this latest edition, now in a bigger format, its scope has been dramatically enlarged by the addition of one million words of new text. Twelve years in the making, the new manual introduces students to different types of transmitted, excavated, and artifactual sources from prehistory to the twentieth century. It also examines the context in which the sources were produced, preserved, and received, the problems of research and interpretation associated with them, and the best, most up-to-date secondary works. Because the writing of history has always played a central role in Chinese politics and culture, special attention is devoted to the strengths and weaknesses of Chinese historiography.

In the long course of late imperial Chinese history, servants and concubines formed a vast social stratum in the hinterland along the Grand Canal, particularly in urban areas. Concubinage and Servitude in Late Imperial China is a survey of the institutions and practice of concubinage and servitude in both the general populace and the imperial palace, with a focus on the examination of Ming-Qing political and socioeconomic history through the lives of this particular group of distinct yet associated individuals. The persistent theme of the book is how concubines, appointed by patriarchal polygamy, and servants, laboring under the master-servants hierarchy, experienced interactions and mobility within each institution and in associating with the other. While reviewing how ritual and law treated concubines and servants as patriarchal possessions, the author explores the perspectives available for individualconcubines and servants and the limitations in their daily circumstances, searching for their “positional powers” and “privilege of the inferiors” in the context of Chinese culture during the Ming-Qing time period. For a list of the book's tables and their sources, please see: http://www.wou.edu/wp/hsiehb/

In this fascinating, multidisciplinary volume, scholars of Chinese history, law, literature, and religions explore the intersections of legal practice with writing in many different social contexts. They consider the overlapping concerns of legal culture and the arts of crafting persuasive texts in a range of documents including crime reports, legislation, novels, prayers, and law suits. Their focus is the late Ming and Qing periods (c. 1550-1911); their documents range from plaints filed at the local level by commoners, through various texts produced by the well-to-do, to the legal opinions penned by China's emperors. Writing and Law in Late Imperial China explores works of crime-case fiction, judicial handbooks for magistrates and legal secretaries, popular attitudes toward clergy and merchants as reflected in legal plaints, and the belief in a parallel, otherworldly judicial system that supports earthly justice.

This study of the regulation of sexuality in the Qing dynasty explores the social context for sexual behavior criminalized by the state, showing how regulation shifted away from status to a new regime of gender that mandated a uniform standard of sexual morality and criminal liability for all people, regardless of their social status.

The subject of sex was central to early Chinese thought. Discussed openly and seriously as a fundamental topic of human speculation, it was an important source of imagery and terminology that informed the classical Chinese conception of social and political relationships. This sophisticated and long-standing tradition, however, has been all but neglected by modern historians. In The Culture of Sex in Ancient China, Paul Rakita Goldin addresses central issues in the history of Chinese attitudes toward sex and gender from 500 B.C. to A.D. 400. A survey of major pre-imperial sources, including some of the most revered and influential texts in the Chinese tradition, reveals the use of the image of copulation as a metaphor for various human relations, such as those between a worshiper and his or her deity or a ruler and his subjects. In his examination of early Confucian views of women, Goldin notes that, while contradictions and ambiguities existed in the articulation of these views, women were nevertheless regarded as full participants in the Confucian project of self-transformation. He goes on to show how assumptions concerning the relationship of sexual behavior to political activity (assumptions reinforced by the habitual use of various literary tropes discussed earlier in the book) led to increasing attempts to regulate sexual behavior throughout the Han dynasty. Following the fall of the Han, this ideology was rejected by the aristocracy, who continually resisted claims of sovereignty made by impotent emperors in a succession of short-lived dynasties. Erudite and immensely entertaining, this study of intellectual conceptions of sex and sexuality in China will be welcomed by students and scholars of early China and by those with an interest in the comparative development of ancient cultures.

This path-breaking book examines the broad cultural, social, and gender meanings of the "faithful maiden" cult in late imperial China (1368–1911). Across the empire, an increasing number of young women or "faithful maidens," defied their parents' wishes and chose either to live out their lives as widows upon the death of a fiancé or killed themselves to join their fiancé in death. The book analyzes the familial conflicts, government policies, ideological controversies, and personal emotions surrounding the cult. Concentrating on the dramatic acts of spirit wedding and suicide, the faithful maidens' unique code of conduct, and the extraordinary life journey of "virgin mothers," Lu documents the ideological, psychological, cultural, and economic aspects of these young women's mentality and behavior, and the implications of this behavior for their families and the broader society. The book's narrative of the faithful maiden cult interweaves late imperial political, cultural, social and intellectual history, thus, providing a new window onto the history of the late imperial period.