European Journal of Humanities and Social Sciences № 5 2020 PREMIER Vienna Publishing 2020 European Journal of Humanities and Social Sciences Scientific journal № 5 2020 ISSN 2414-2344 Editor-in-chief Maier Erika, Germany, Doctor of Philology Lewicka Jolanta, Poland, Doctor of Psychology International editorial board Massaro Alessandro, Italy, Doctor of Philosophy Marianna A. 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All rights reserved; no part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of the Publisher. Typeset in Berling by Ziegler Buchdruckerei, Linz, Austria. Printed by Premier Publishing s.r.o., Vienna, Austria on acid-free paper. AN INVESTIGATION INTO THE ECONOMIC IMPACT OF CONFUCIANISM IN THE CHINESE INHERITANCE LAW ON WOMEN IN CHINA Section 1. Gender sciences https://doi.org/10.29013/EJHSS-20-5-3-14 Yuhan (Claire) Liu, Wellesley High School Nadia Ben-Marzouk, supervisor, candidate of philosophy at University of California, Los Angeles E-mail: [email protected] AN INVESTIGATION INTO THE ECONOMIC IMPACT OF CONFUCIANISM IN THE CHINESE INHERITANCE LAW ON WOMEN IN CHINA Abstract. This research examines the economic impact of inheritance inequality on women in China by analyzing the connection between Confucianism, the Chinese inheritance law, and access to economic and education opportunities for women in rural vs. urban communities. First, I investigate how Confucian patriarchal values manifest in specific articles of the Chinese inheritance law through a close reading of those articles. Next, I demonstrate how unequal inheritance rights for women results in an economic disadvantage, supporting this claim by surveying the data on workforce rep- resentation and the income gap in both rural and urban communities. Lastly, I argue that the subtle sexism embedded in the inheritance law also contributes to educational disparity in China, ultimately forming a cycle of gender inequality that negatively impacts women. It is argued that the embedded- ness of Confucianism in the Chinese inheritance law promotes gender disparity and results in the marginalization of women from various economic and educational opportunities. The conclusions from this study propose actionable steps that individuals in local and national government can take to address issues of gender inequality in China. Keywords: Gender inequality, Confucianism, Chinese inheritance law, female economic rights, education opportunity. Patriarchal Religion from a Global Perspective the connection between patriarchal religion, the eco- Countries around the globe rely on patriarchal nomic disenfranchisement of women, and a lack of religious ideology to normalize and legitimize the equal access to educational opportunities for men sexism embedded in inheritance laws, creating a vs. women. These studies have focused predomi- system that negatively impacts women’s economic nantly on Jewish and Christian countries in Europe value and social mobility within their respective [5, p. 64–85; 21, P. 28; 10, p. 229–42] and the United communities. Previous scholars have demonstrated States [36, p. 252–60] as well as in Islamic countries 3 Section 1. Gender sciences such as Pakistan and most countries in the Middle are rooted in patriarchy – in contributing to mac- East [6, P. 265; 1, P. 197; 3, p. 573–86] demonstrat- ro-level gender inequality [32, P. 5; 30, P. 105; 13, ing a correlation between the religious underpin- p. 399–436]. Some scholars have investigated the nings of certain inheritance laws and a lack of wom- specific connection between this patriarchal ideol- en’s rights to property [29] (In the Middle East, for ogy and women’s lack of inheritance rights [22; 7], example, the Quran serves as the ideological foun- while others focused on the broader disenfranchise- dation of the inheritance law in Muslim countries. ment of women from obtaining an education [25; Although the text states that men and women should 36; 4, P. 333; 41, p. 474–491]. While these previ- inherit equally, certain religious tenants in the book ous scholars have examined the connection between reflect the underlying patriarchal structure of this gender inequality and Confucianism more broadly, text. Thus, Surah 228 in the Quran states “Men, your they have not explored the connection between – wives are your tillage. Go into your tillage any way and implications of – gender inequality, Confucian- you want.” The implication of this verse is the sub- ism, and inheritance as it affects the larger economic ordination of women in the household. Moreover, and educational opportunities for women in society. “tillage” implies that women are the property of the Connection Between Confucianism and the husband that has neither right nor opportunity in the Chinese Inheritance Law household. See the website for more information). It In order to support the proposal that the embed- is important to note that women’s inheritance rights dedness of Confucianism in the inheritance law con- are not only a domestic issue, but also an economic tributes to the economic disparities between men one. If women are positioned as subordinates to men and women, we must first review the connection be- in the household, it becomes nearly impossible for tween Confucianism, patriarchal attitudes towards half of the population to enjoy the same advantages women, and the way they manifest in different facets as men do in the workforce. Such gender inequality of Chinese society. The core values of Confucianism stemming from inheritance laws therefore results in emphasize family relationships, piety, and the supe- unforeseen consequences for both the economy and riority of men in order to keep stability and social society at large. Patriarchal religion is arguably one structure. Relevant here is that males are therefore of the primary obstacles preventing many countries seen as more socially valuable than females because from achieving gender equality [43]. This study ex- they alone carry on the family name – an extremely amines inheritance inequality in China, analyzing important tradition in any Chinese household. This the connection between Confucianism and the emphasis on the male as the vehicle for ensuring the Chinese inheritance law, and its relationship to sys- continuity of this tradition is important as surnames temic economic and education inequality for women carry on the ancestor’s name and symbolize a con- in China. I argue that Confucianism as a patriarchal tinuation of the family line [14, p. 554–69]. This ideology has played a large but hidden role in the cultural tradition combines with Confucius’s patri-