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Research from archival case records : law, society and culture in China /
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.
| Clasificación: | Libro Electrónico |
|---|---|
| Otros Autores: | , |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Leiden :
Brill,
[2014?]
|
| Colección: | Social sciences of practice. History and theory of legal practice ;
1. |
| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Author Biographies; Series Foreword; Editor's Introduction; Part One Analytical Approaches: History of Practice · Women's History · Local Administration · Discourse Analysis · Case Records as Ethnographic Evidence; Chapter 1 The History-of-Practice Approach to Studying Chinese Law; Practice as Opposed to Theory: Legal Formalism and the History of Practice of American Law; Practice as Opposed to Representation: Qing Law; Practice as Opposed to Institutions: Male and Female Inheritance Rights and Their Actual Operation; The History of Practice vs. Formalist Theory; Practical Moralism.
- Divorce Law Practices and the System of Court MediationThe Third Realm and Centralized Minimalism; Community Mediation under Minimalist Governance; References; Chapter 2 Women and Property in China, 960-1949, Introduction and Conclusion; Introduction; The Issues; Source Materials; The Song Baseline; Conclusion; References; Chapter 3 Illicit Bureaucrats; Preface; The Issues; Past Scholarship; Administration and Bureaucracy; State and Society; Corruption; References; Chapter 4 From Oral Testimony to Written Records in Qing Legal Cases; Introduction.
- The Status of Depositions in Qing Legal ProcedureWriting Legal Testimony in the Context of Literary Culture; Records of Oral Testimony Written in the Vernacular; Composing Testimony at the Local Level: A "Directly Examined" Case from Beijing; Conclusion; Character List; References; Chapter 5 Abortion in Late Imperial China: Routine Birth Control or Crisis Intervention?; Introduction; Past Scholarship; The Demographic Historians: Routine Birth Control to Limit Family Size?; The Gender Historians: Autonomous Fertility Control by Elite Wives?; Abortion in Qing Legal Records; Abortion in Qing Law.
- The Practice of Abortion as Seen in Qing Legal CasesThe Cost and Accessibility of Abortion; Inconvenient Pregnancies Carried to Term; Unsafe Abortion in Modern China; Traditional Abortion Methods in Hebei, 1928; Traditional Abortion Techniques since 1949; The Persistence of Unsafe Traditional Abortifacients; Conclusion; Glossary; References; Part Two Buying and Selling of Land · Homicides; Chapter 6 Customary and Judicial Practices as Seen in Criminal Sales of Land in Qing Manchuria; Sources and Methods; The Criminalization of Customary Practice in Manchuria.
- The Sale of Qing Land to CommonersRural Agents, Peasant Defiance, and the Politics of Local Compromise; Adjudication in the Face of Criminal Customary Acts; References; Chapter 7 Guoshi Killing: The Continuum of Criminal Intent in Qing and Republican China; Guoshi Killing in the Qing Dynasty; Guoshi Killing as Accidental Killing; Guoshi Killing as Negligent Killing; Non-Guoshi Negligence; Killing at Play; The Republican Codes; Guoshi in the Republican-era Criminal Codes; Republican-era Guoshi Cases; Standard Negligence; Accident, Negligence, or Neither?; Negligence or Intention?; Conclusion.