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.

Based on case files, this study explores the social significance of the traditional Chinese legal system, and investigates how people utilized the courts during the course of criminal and civil disputes. The author emphasizes the ways in which law shaped social and economic change and how in turn the legal code and court system were adapted to local realities.

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.

Legal history studies generally focus mainly on codified law, without attention to actual practice, and on the past, without relating it to the present. Research from Archival Case Records starts from legal practice instead and links the past to the present.

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.

In imperial China, people moved away from the gender they were assigned at birth in different ways and for many reasons. Eunuchs, boy actresses, and clergy left behind normative gender roles defined by family and procreation. “Stone maidens”—women deemed physically incapable of vaginal intercourse—might depart from families or marriages to become Buddhist or Daoist nuns. Anatomical males who presented as women sometimes took a conventionally female occupation such as midwife, faith healer, or even medium to a fox spirit. Yet they were often punished harshly for the crime of “masquerading in women’s attire,” suspected of sexual predation, even when they had lived peacefully in their communities for many years. Exploring these histories and many more, this book is a groundbreaking study of transgender lives and practices in late imperial China. Through close readings of court cases, as well as Ming and Qing fiction and nineteenth-century newspaper accounts, Matthew H. Sommer examines the social, legal, and cultural histories of gender crossing. He considers a range of transgender experiences, illuminating how certain forms of gender transgression were sanctioned in particular social contexts and penalized in others. Sommer scrutinizes the ways Qing legal authorities and literati writers represented and understood gender-nonconforming people and practices, contrasting official ideology with popular mentalities. An unprecedented account of China’s transgender histories, this book also sheds new light on a range of themes in Ming and Qing law, religion, medicine, literature, and culture.

In this multidimensional analysis, Benjamin A. Elman uses over a thousand newly available examination records from the Yuan, Ming, and Ch'ing dynasties, 1315-1904, to explore the social, political, and cultural dimensions of the civil examination system, one of the most important institutions in Chinese history. For over five hundred years, the most important positions within the dynastic government were usually filled through these difficult examinations, and every other year some one to two million people from all levels of society attempted them. Covering the late imperial system from its inception to its demise, Elman revises our previous understanding of how the system actually worked, including its political and cultural machinery, the unforeseen consequences when it was unceremoniously scrapped by modernist reformers, and its long-term historical legacy. He argues that the Ming-Ch'ing civil examinations from 1370 to 1904 represented a substantial break with T'ang-Sung dynasty literary examinations from 650 to 1250. Late imperial examinations also made "Tao Learning," Neo-Confucian learning, the dynastic orthodoxy in official life and in literati culture. The intersections between elite social life, popular culture, and religion that are also considered reveal the full scope of the examination process throughout the late empire.