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Law, State, and Society in Early Imperial China has been accorded Honorable Mention status in the 2017 Patrick D. Hanan Prize (China and Inner Asia Council (CIAC) of the Association for Asian Studies) for Translation competition. In Law, State, and Society in Early Imperial China , Anthony J. Barbieri-Low and Robin D.S. Yates offer the first detailed study and translation into English of two recently excavated, early Chinese legal texts. The Statutes and Ordinances of the Second Year consists of a selection from the long-lost laws of the early Han dynasty (206 BCE-220 CE). It includes items from twenty-seven statute collections and one ordinance. The Book of Submitted Doubtful Cases contains twenty-two legal case records, some of which have undergone literary embellishment. Taken together, the two texts contain a wealth of information about slavery, social class, ranking, the status of women and children, property, inheritance, currency, finance, labor mobilization, resource extraction, agriculture, market regulation, and administrative geography.
S06/0201 --- S06/0202 --- S08/0300 --- S11/0491 --- S04/0500 --- S17/0214 --- China: Politics and government--Government and political institutions: pre-Han --- China: Politics and government--Government and political institutions: Han - 589 --- China: Law and legislation--General works and codices: general and before 1949 --- China: Social sciences--Society before 1840 --- China: History--Ancient (Pre-Han and Han, incl. Sima Qian) --- China: Art and archaeology--Archaeology China: Pre-Han and Han --- Law --- Inscriptions, Chinese --- History --- China --- 202 B.C. - 220 A.D. --- China.
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Citizenship --- Citoyenneté --- History --- Histoire --- China --- Chine --- Politics and government --- Politique et gouvernement --- S02/0200 --- S06/0255 --- S08/0300 --- China: General works--Civilization and culture --- China: Politics and government--Political theory: modern (and/or under Western influence) --- China: Law and legislation--General works and codices: general and before 1949 --- Citoyenneté --- Birthright citizenship --- Citizenship (International law) --- National citizenship --- Nationality (Citizenship) --- Political science --- Public law --- Allegiance --- Civics --- Domicile --- Political rights --- Law and legislation
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The role of contract in early modern Chinese economic life, when acknowledged at all, is usually presented as a minor one. This volume demonstrates that contract actually played a critical role in the everyday structure of many kinds of relationships and transactions; contracts are, moreover, of enormous value to present-day scholars as transcriptions of the fine details of day-to-day economic activity. Offering a new perspective on economic and legal institutions, particularly the closely related institutions of contract and property, in Qing and Republican China, the papers in this volume spell out how these institutions worked in specific social contexts. Drawing on recent research in far-flung archives, the contributors take as givens both the embeddedness of contract in Chinese social and economic discourse and its role in the spread of commodification. Two papers deal with broad issues: Zelin's argues for a distinctively Chinese heritage of strong property rights, and Ocko's examines the usefulness of American legal scholarship as a comparative analytic framework.
Contracts --- Right of property --- Ownership of property --- Private ownership of property, Right of --- Private property, Right of --- Property, Right of --- Property rights --- Right of private ownership of property --- Right of private property --- Right to property --- Civil rights --- Property --- Agreements --- Contract law --- Contractual limitations --- Limitations, Contractual --- Commercial law --- Legal instruments --- Obligations (Law) --- Juristic acts --- Liberty of contract --- Third parties (Law) --- History. --- Law and legislation --- S08/0300 --- S10/0440 --- History --- China: Law and legislation--General works and codices: general and before 1949 --- China: Economics, industry and commerce--Real estate --- History of Asia --- anno 1800-1999 --- anno 1700-1799 --- China
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Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world's chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law's universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of "legal Orientalism": a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its "failure" to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day. The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court's jurisdiction over the "District of China." With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.
Law --- Rule of law --- Supremacy of law --- Administrative law --- Constitutional law --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Philosophy --- History. --- Orientalism --- Sociological jurisprudence --- S08/0300 --- S08/0400 --- Law and society --- Society and law --- Sociology of law --- Sociology --- Law and the social sciences --- East and West --- Philosophy&delete& --- History --- Public opinion --- China: Law and legislation--General works and codices: general and before 1949 --- China: Law and legislation--Constitution(al law): general and before 1949 --- China --- Cina --- Kinë --- Cathay --- Chinese National Government --- Chung-kuo kuo min cheng fu --- Republic of China (1912-1949) --- Kuo min cheng fu (China : 1912-1949) --- Chung-hua min kuo (1912-1949) --- Kina (China) --- National Government (1912-1949) --- China (Republic : 1912-1949) --- People's Republic of China --- Chinese People's Republic --- Chung-hua jen min kung ho kuo --- Central People's Government of Communist China --- Chung yang jen min cheng fu --- Chung-hua chung yang jen min kung ho kuo --- Central Government of the People's Republic of China --- Zhonghua Renmin Gongheguo --- Zhong hua ren min gong he guo --- Kitaĭskai︠a︡ Narodnai︠a︡ Respublika --- Činská lidová republika --- RRT --- Republik Rakjat Tiongkok --- KNR --- Kytaĭsʹka Narodna Respublika --- Jumhūriyat al-Ṣīn al-Shaʻbīyah --- RRC --- Kitaĭ --- Kínai Népköztársaság --- Chūka Jinmin Kyōwakoku --- Erets Sin --- Sin --- Sāthāranarat Prachāchon Čhīn --- P.R. China --- PR China --- PRC --- P.R.C. --- Chung-kuo --- Zhongguo --- Zhonghuaminguo (1912-1949) --- Zhong guo --- Chine --- République Populaire de Chine --- República Popular China --- Catay --- VR China --- VRChina --- 中國 --- 中国 --- 中华人民共和国 --- Jhongguó --- Bu̇gu̇de Nayiramdaxu Dundadu Arad Ulus --- Bu̇gu̇de Nayiramdaqu Dumdadu Arad Ulus --- Bu̇gd Naĭramdakh Dundad Ard Uls --- BNKhAU --- БНХАУ --- Khi︠a︡tad --- Kitad --- Dumdadu Ulus --- Dumdad Uls --- Думдад Улс --- Kitajska --- China (Republic : 1949- ) --- Foreign public opinion, Western. --- Orientalisme --- Droit -- Chine --- Droit -- États-Unis
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The twelve case studies in Chinese Law: Knowledge, Practice and Transformation, 1530's to 1950's , edited by Li Chen and Madeleine Zelin, open a new window onto the historical foundation and transformation of Chinese law and legal culture in late imperial and modern China. Their interdisciplinary analyses provide valuable insights into the multiple roles of law and legal knowledge in structuring social relations, property rights, popular culture, imperial governance, and ideas of modernity; they also provide insight into the roles of law and legal knowledge in giving form to an emerging revolutionary ideology and to policies that continue to affect China to the present day. This book is also available in paperback
Law --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- History --- China --- Cina --- Kinë --- Cathay --- Chinese National Government --- Chung-kuo kuo min cheng fu --- Republic of China (1912-1949) --- Kuo min cheng fu (China : 1912-1949) --- Chung-hua min kuo (1912-1949) --- Kina (China) --- National Government (1912-1949) --- China (Republic : 1912-1949) --- People's Republic of China --- Chinese People's Republic --- Chung-hua jen min kung ho kuo --- Central People's Government of Communist China --- Chung yang jen min cheng fu --- Chung-hua chung yang jen min kung ho kuo --- Central Government of the People's Republic of China --- Zhonghua Renmin Gongheguo --- Zhong hua ren min gong he guo --- Kitaĭskai︠a︡ Narodnai︠a︡ Respublika --- Činská lidová republika --- RRT --- Republik Rakjat Tiongkok --- KNR --- Kytaĭsʹka Narodna Respublika --- Jumhūriyat al-Ṣīn al-Shaʻbīyah --- RRC --- Kitaĭ --- Kínai Népköztársaság --- Chūka Jinmin Kyōwakoku --- Erets Sin --- Sin --- Sāthāranarat Prachāchon Čhīn --- P.R. China --- PR China --- Chung-kuo --- Zhongguo --- Zhonghuaminguo (1912-1949) --- Zhong guo --- Chine --- République Populaire de Chine --- República Popular China --- Catay --- VR China --- VRChina --- 中國 --- 中国 --- 中华人民共和国 --- Jhongguó --- Bu̇gu̇de Nayiramdaxu Dundadu Arad Ulus --- Bu̇gu̇de Nayiramdaqu Dumdadu Arad Ulus --- Bu̇gd Naĭramdakh Dundad Ard Uls --- Khi︠a︡tad --- Kitad --- Dumdadu Ulus --- Dumdad Uls --- Думдад Улс --- Kitajska --- China (Republic : 1949- ) --- S08/0200 --- S08/0300 --- China: Law and legislation--General works and codices: traditional --- China: Law and legislation--General works and codices: general and before 1949 --- PRC --- P.R.C. --- BNKhAU --- БНХАУ
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Law and literature. --- Law in literature. --- Law --- Legal composition. --- Legal stories, Chinese --- History. --- History and criticism. --- S08/0260 --- S08/0200 --- S08/0300 --- China: Law and legislation--Qing codex --- China: Law and legislation--General works and codices: traditional --- China: Law and legislation--General works and codices: general and before 1949 --- Droit --- Roman judiciaire chinois --- Rédaction juridique --- Droit et littérature --- Droit dans la littérature --- Histoire --- Histoire et critique --- Law and literature --- Law in literature --- Legal composition --- Chinese legal stories --- Chinese fiction --- Communication in law --- Practice of law --- Forms (Law) --- Literature and law --- Literature --- History --- History and criticism --- Authorship --- Editing --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- China --- China (Republic : 1949- ) --- Cina --- Kinë --- Cathay --- Chinese National Government --- Chung-kuo kuo min cheng fu --- Republic of China (1912-1949) --- Kuo min cheng fu (China : 1912-1949) --- Chung-hua min kuo (1912-1949) --- Kina (China) --- National Government (1912-1949) --- China (Republic : 1912-1949) --- People's Republic of China --- Chinese People's Republic --- Chung-hua jen min kung ho kuo --- Central People's Government of Communist China --- Chung yang jen min cheng fu --- Chung-hua chung yang jen min kung ho kuo --- Central Government of the People's Republic of China --- Zhonghua Renmin Gongheguo --- Zhong hua ren min gong he guo --- Kitaĭskai︠a︡ Narodnai︠a︡ Respublika --- Činská lidová republika --- RRT --- Republik Rakjat Tiongkok --- KNR --- Kytaĭsʹka Narodna Respublika --- Jumhūriyat al-Ṣīn al-Shaʻbīyah --- RRC --- Kitaĭ --- Kínai Népköztársaság --- Chūka Jinmin Kyōwakoku --- Erets Sin --- Sin --- Sāthāranarat Prachāchon Čhīn --- P.R. China --- PR China --- PRC --- P.R.C. --- Chung-kuo --- Zhongguo --- Zhonghuaminguo (1912-1949) --- Zhong guo --- Chine --- République Populaire de Chine --- República Popular China --- Catay --- VR China --- VRChina --- 中國 --- 中国 --- 中华人民共和国 --- Jhongguó --- Bu̇gu̇de Nayiramdaxu Dundadu Arad Ulus --- Bu̇gu̇de Nayiramdaqu Dumdadu Arad Ulus --- Bu̇gd Naĭramdakh Dundad Ard Uls --- BNKhAU --- БНХАУ --- Khi︠a︡tad --- Kitad --- Dumdadu Ulus --- Dumdad Uls --- Думдад Улс --- Kitajska --- Regions --- 1949 --- -BNKhAU --- Chung-hua min kuo --- Jhonggu --- Khi͡atad --- Kin --- Kita --- Kitaĭskai͡a Narodnai͡a Respublika --- National Government --- Republic --- Republic of China --- Zhonghuaminguo --- China.
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