Sex Law And Society In Late Imperial China

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.

Drawing on newly available archival case records, this book demonstrates that Chinese 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.

Delving into three hundred years of Chinese literature, from the mid-sixteenth century to the mid-nineteenth, The Libertine’s Friend uncovers the complex and fascinating history of male homosexual and homosocial relations in the late imperial era. Drawing particularly on overlooked works of pornographic fiction, Giovanni Vitiello offers a frank exploration of the importance of same-sex love and eroticism to the evolution of masculinity in China. Vitiello’s story unfolds chronologically, beginning with the earliest sources on homoeroticism in pre-imperial China and concluding with a look at developments in the twentieth century. Along the way, he identifies a number of recurring characters—for example, the libertine scholar, the chivalric hero, and the lustful monk—and sheds light on a set of key issues, including the social and legal boundaries that regulated sex between men, the rise of male prostitution, and the aesthetics of male beauty. Drawing on this trove of material, Vitiello presents a historical outline of changing notions of male homosexuality in China, revealing the integral part that same-sex desire has played in its culture.

What changes occurred and what remained the same in Chinese civil justice from the Qing to the Republic? Drawing on archival records of actual cases, this study provides a new understanding of late imperial and Republican Chinese law. It also casts a new light on Chinese law by emphasizing rural areas and by comparing the old and the new.

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 practice, adjustments between them, and how those reveal operative principles and logics different from what the legal texts alone might suggest. Contributors are: Kathryn Bernhardt, Danny Hsu, Philip C. C. Huang, Christopher Isett, Yasuhiko Karasawa, Margaret Kuo, Huaiyin Li, Jennifer M. Neighbors, Bradly W. Reed, Matthew H. Sommer, Huey Bin Teng, Lisa Tran, Elizabeth VanderVen, and Chenjun You.

Most analyses of gender in High Qing times have focused on literature and on the writings of the elite; this book broadens the scope of inquiry to include women's work in the farm household, courtesan entertainment, and women's participation in ritual observances and religion. In dealing with literature, it shows how women's poetry can serve the historian as well as the literary critic, drawing on one of the first anthologies of women's writing compiled by a woman to examine not only literary sensibilities and intimate emotions, but also political judgments, moral values, and social relations.

Polyandry. "Getting a husband to support a husband." Attitudes of families, communities, and women toward polyandry. The intermediate range of practice -- Wife-selling. Anatomy of a wife sale. Analysis of prices in wife sales. Negotiations between men in wife sales. Wives, natal families, and children. Four variations on a theme -- Polyandry and wife-selling in Qing law. Formal law and central court interpretation from Ming through high Qing. Absolutism versus pragmatism in central court treatment of wife sales. Flexible adjudication of routine cases in the local courts.