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Civil Justice in China : Representation and Practice in the Qing /
To what extent do newly available case records bear out our conventional assumptions about the Qing legal system? Is it true, for example, that Qing courts rarely handled civil lawsuits-those concerned with disputes over land, debt, marriage, and inheritance-as official Qing representations led us t...
| Autor principal: | |
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| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Stanford, CA :
Stanford University Press,
[2022]
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| Colección: | Law, Society, and Culture in China
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| Temas: | |
| Acceso en línea: | Texto completo Texto completo |
MARC
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| 020 | |a 9781503616233 | ||
| 024 | 7 | |a 10.1515/9781503616233 |2 doi | |
| 035 | |a (DE-B1597)582617 | ||
| 040 | |a DE-B1597 |b eng |c DE-B1597 |e rda | ||
| 041 | 0 | |a eng | |
| 044 | |a cau |c US-CA | ||
| 072 | 7 | |a LAW011000 |2 bisacsh | |
| 100 | 1 | |a Huang, Philip C. C., |e author. |4 aut |4 http://id.loc.gov/vocabulary/relators/aut | |
| 245 | 1 | 0 | |a Civil Justice in China : |b Representation and Practice in the Qing / |c Philip C. C. Huang. |
| 264 | 1 | |a Stanford, CA : |b Stanford University Press, |c [2022] | |
| 264 | 4 | |c ©1996 | |
| 300 | |a 1 online resource (288 p.) | ||
| 336 | |a text |b txt |2 rdacontent | ||
| 337 | |a computer |b c |2 rdamedia | ||
| 338 | |a online resource |b cr |2 rdacarrier | ||
| 347 | |a text file |b PDF |2 rda | ||
| 490 | 0 | |a Law, Society, and Culture in China | |
| 505 | 0 | 0 | |t Frontmatter -- |t Law, Society, and Culture in China -- |t Preface -- |t Contents -- |t Tables -- |t CHAPTER ONE Introduction -- |t CHAPTER TWO Defining Categories: Disputes and Lawsuits in North China Villages Before the Communist Revolution -- |t CHAPTER THREE Informal Justice: Mediation in North China Villages Before the Communist Revolution -- |t CHAPTER FOUR Formal Justice: Codified Law and Magisterial Adjudication in the Qing -- |t CHAPTER FIVE Between Informal Mediation and Formal Adjudication: The Third Realm of Qing Justice -- |t CHAPTER SIX Two Patterns in the Qing Civil Justice System -- |t CHAPTER SEVEN Extent, Cost, and Strategies of Litigation -- |t CHAPTER EIGHT From the Perspective of Magistrate Handbooks -- |t CHAPTER NINE Max Weber and the Qing Legal and Political Systems -- |t Appendixes -- |t APPENDIX A Village and County Data -- |t APPENDIX B Weights and Measures -- |t References -- |t Character List -- |t Index |
| 506 | 0 | |a restricted access |u http://purl.org/coar/access_right/c_16ec |f online access with authorization |2 star | |
| 520 | |a To what extent do newly available case records bear out our conventional assumptions about the Qing legal system? Is it true, for example, that Qing courts rarely handled civil lawsuits-those concerned with disputes over land, debt, marriage, and inheritance-as official Qing representations led us to believe? Is it true that decent people did not use the courts? And is it true that magistrates generally relied more on moral predilections than on codified law in dealing with cases? Based in large part on records of 628 civil dispute cases from three counties from the 1760's to the 1900's, this book reexamines those widely accepted Qing representations in the light of actual practice. The Qing state would have had us believe that civil disputes were so "minor" or "trivial" that they were left largely to local residents themselves to resolve. However, case records show that such disputes actually made up a major part of the caseloads of local courts. The Qing state held that lawsuits were the result of actions of immoral men, but ethnographic information and case records reveal that when community/kin mediation failed, many common peasants resorted to the courts to assert and protect their legitimate claims. The Qing state would have had us believe that local magistrates, when they did deal with civil disputes, did so as mediators rather than judges. Actual records reveal that magistrates almost never engaged in mediation but generally adjudicated according to stipulations in the Qing code. | ||
| 538 | |a Mode of access: Internet via World Wide Web. | ||
| 546 | |a In English. | ||
| 588 | 0 | |a Description based on online resource; title from PDF title page (publisher's Web site, viewed 31. Jan 2022) | |
| 650 | 4 | |a Asian Studies. | |
| 650 | 4 | |a History -- Asian. | |
| 650 | 7 | |a LAW / Civil Law. |2 bisacsh | |
| 856 | 4 | 0 | |u https://doi.uam.elogim.com/10.1515/9781503616233 |z Texto completo |
| 856 | 4 | 0 | |u https://degruyter.uam.elogim.com/isbn/9781503616233 |z Texto completo |
| 912 | |a GBV-deGruyter-alles | ||