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MURDER AND ADULTERY IN LATE IMPERIAL CHINA : A STUDY OF LAW AND MORALITY PDF, EPUB, EBOOK

Most relevant to this study is the reaction of provincial judicial officials to imperial intervention. At this point Huang became desperate. Find in a library. Manuals and petitions : commercial problem solving in late imperial China Author Lufrano, Richard John, Published The second section, however, was enriched by 34 additional articles through legislation and judicial practice, which with a view to promoting moral purity in society, gradually circumvented the original restrictions to the husband's fury. The New York Times. The French translation was published in Devon Williams added it Nov 07, In roughly six months Wenqi had lost his closest living relatives and he had sold his wife. On the morning of 13 June , 53 it rained, and Wang Chen decided it was a good time to plant soy beans. Because there are still existing alive concubines married before the Marriage Reform Ordinance Cap. Palgrave Macmillan. So saying, the magistrate alone was responsible for the accuracy of the report and judicial affairs were carefully scrutinized and evaluated. Bary, T. Depending on the crime, bare stick would be better translated as hoodlum, rapist, swindler, extortionist, or gangster. Dong was a mean person who never displayed kindness to her nephew. Peter Woo marked it as to-read Jul 13, Ostensibly, the role of the county magistrate in adjudicating capital crimes was strictly limited. More telling was the language used to describe Wenqi after he sold his wife and wandered the countryside. Kuang Wenqi was clearly flawed but his crime, no matter how heinous, was depicted as the final act of a pathetic man who had lost everything. Share Information. Tools Cite this Export citation file. The process involved reciting incantations over some physical entity that had been removed from the victim. Murder and adultery in Late Imperial China : A study of law and morality Writer

Given the complexity of the sentencing procedures, official scrutiny of trial records could continue for years after a crime had occurred. Read, highlight, and take notes, across web, tablet, and phone. Lai and Xu also found that most cases of sexual assault or harassment involved This study of the regulation of sexuality in the Qing dynasty explores the social context for sexual behavior criminalized by the state, arguing that the eighteenth century in China was a time of profound change in sexual matters. Bibliografische Informationen. He was sentenced to lingering death for killing three members of the same of family. Catherine rated it it was amazing Nov 12, Get A Copy. The message conveyed from Shandong was stark. The punishment stated, "If a male and female engage in intercourse without morality, their punishments shall be castration and sequestration [respectively]. Bary, T. JZ added it Aug 04, In practice archival records clearly indicate that the three year deadline was often exceeded. Journal of Clinical Oncology. Although government leaders were striving for a Western-inspired system of codified law, the traditional Chinese preference for collective social sanctions over impersonal legalism hindered constitutional and legal development. Anachronistic status categories were discarded to accommodate a more fluid social structure, and the state initiated new efforts to enforce rigid gender roles and thus to shore up the peasant family against a swelling underclass of single, rogue males outside the family system. The first part contains the general legal rules, principles and concepts that are applied to the rest of the Code. This basic law was later amended twice, in and Original Title. The process of the amalgamation of a Confucian world-view and a legal code was considered complete by the Tang Code of AD The legal requirements of the first round of judicial review required straightforward accounts of the essential elements of the crime, forensic evidence, and testimony from the accused and key witnesses that were necessary to determine which laws had been violated and what punishments were appropriate. Rowe, W. Education and society in late imperial China, Author Woodside, Alexander. Titles No Longer Published by Brill. Procedures for reviewing capital cases varied over time, but the long-term trend was toward greater bureaucratization and centralized control in the adjudication and sentencing of capital crimes and this trend reached its apex in the Qing dynasty. Philosophy of religion. Dans tout OpenEdition. Delete Cancel Save. Open Access Content. Applied ethics. Stanford University Press , - Social Science - pages. Murder and adultery in Late Imperial China : A study of law and morality Reviews

Gendered modernities: ethnographic perspectives. MacCormack, G. Brill MyBook. Complete case records were voluminous and quite redundant. Meijer, M. Hidden categories: Webarchive template wayback links All articles with dead external links Articles with dead external links from November Articles with permanently dead external links Articles with short description Short description is different from Wikidata Wikipedia indefinitely move-protected pages Use mdy dates from December It was this fundamental understanding of the Chinese legal code that made it possible for Britain to devise a number of unequal treaties geared to their advantage [ citation needed ]. Rooted in the longstanding judicial ethos to seek leniency and save life, hallmarks of Chinese criminal justice for centuries, these emotional depictions sent a clear message to the central authorities that economic conditions, rather than the moral failings of bare sticks, played an important role in undermining familial stability and social order. This previously invisible dimension of Qing social practice is brought into sharp focus by the testimony, gleaned from local and central court archives, of such marginalized people as peasants, laborers, and beggars. Queen Isabella : treachery, adultery, and murder in medieval England. When done properly, capital case records were masterpieces of bureaucratic efficiency and thankfully, cornucopias of legal, social, and economic history for modern researchers. More Details Retrieved March 17, The retention of these formulaic references, even when capital crime reports underwent extensive streamlining during the latter half of the eighteenth century, indicates the importance of this understanding of origins of criminal behavior. Once again the boss repeated his advice to beat Huang and take him to the officials. Search full-text index. One of the first of these revisions was in , completed by Wei Zhouzuo and Bahana. In the early 20th century, with the advent of the "Constitutional Movement", the imperial government was forced by various pressures to quickly modernise its legal system. While Wang agrees with much of the received wisdom on the topic, he stresses the Q Conflict and control in late Imperial China. In final effort to obtain leniency, Huang admitted his guilt and declared that he was willing to pay for his crime with his life. This was quite different from Guangdong where tenants and landlords were almost always from the same county and many tenants, as former owners of the land they rented, had deep personal and customary ties to the land that they tilled. In fifteen of those substatutes the bare sticks substatute was to increase the severity of punishments. Instead he claimed that he was concerned that there might be trouble if the co-workers privately dunned Huang so it was better to take the matter to court. According to neighbors, Ms. Education and society in late imperial China, Author Woodside, Alexander.

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Katie P. Open Access and Research Funding. Goodreads helps you keep track of books you want to read. Modern studies indicate that victims and perpetrators are often known to each other. Time and place were critically important to understanding connections between social conflict and economic change. African boys were generally subject to penis removal, as well as castration. In addition to presenting official and judicial actions regarding sexuality, the book tells the story of people excluded from accepted patterns of marriage and household who bonded with each other in unorthodox ways combining sexual union with resource pooling and fictive kinship to satisfy a range of human needs. Edwards, R. Dans tout OpenEdition. Retrieved April 5, Removal of the penis. See Elman for a description of the increasingly competitive nature of the civil service examinations in the Qing. Anachronistic status categories were discarded to accommodate a more fluid social structure, and the state initiated new efforts to enforce rigid gender roles and thus to shore up the peasant family against a swelling underclass of single, rogue males outside the family system. During this time, the basic organizing principle for state regulation of sexuality shifted away from status, under which members of different groups had long been held to distinct standards of familial and sexual morality. The new code contained the original statutes, most of which were unchanged, and 1, revised or newly added substatutes. The archival sou A tender voyage : children and childhood in late imperial China Author Hsiung, Ping-chen, Published In , the collapse of Qing dynasty ended years of its imperial rule over China and years of Chinese imperial history came to an end. While each of the officials was responsible for the document he submitted, the reports were most likely prepared by a legal expert of his staff. As the table below indicates, the bare stick substatute was cited in another sixteen substatutes. Just as any competent county magistrates would have been aware that the crime of rape was far more complicated than the imperial rhetoric indicated, the cases recounted above demonstrate that county magistrates in Shandong were firsthand witnesses to the destruction of the family, a phenomenon directly related to the emergence of bare sticks. Myers, R. About us. Cody is currently reading it Feb 25, Briefly, the sorcery scare was based on the popular belief that the human soul could b Editorial team. Palgrave Macmillan. Sex, Law, and Society in Late Imperial China Matthew Harvey Sommer Stanford University Press , - Social Science - pages 1 Review This study of the regulation of sexuality in the Qing dynasty explores the social context for sexual behavior criminalized by the state, arguing that the eighteenth century in China was a time of profound change in sexual matters. The Great Qing Code is made up of articles divided into seven parts which are then further subdivided into chapters. See Feng , p. Critical Response to "Virtue Ethics and Adultery". Briefly, the sorcery scare was based on the popular belief that the human soul could be separated from the body and that the individual who obtained the soul could use its force. Virtue Ethics and Virtue Epistemology. The Qing code was the last legal code of imperial China. Huang also threatened to sue Ming Keyi for stirring up trouble for him. Judicial review required straightforward accounts of the essential elements of the crime, forensic evidence, and testimony from the accused and key witnesses to determine which laws had been violated and what punishments were appropriate. MacCormack, G. Namespaces Article Talk. Armies were sometimes known to sever the penises of their enemies to count the dead, as well as for trophies. Castration has been used to create a class of servants or slaves called eunuchs in many different places and eras. Given the complexity of the sentencing procedures, official scrutiny of trial records could continue for years after a crime had occurred. Oxford: Oxford University Press.

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