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Murder and adultery in Late Imperial China : A study of law and morality / Meijer.

Brill Asian Studies - Book Archive Collection pre-2000 Available online

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Format:
Book
Author/Creator:
Meijer, author.
Series:
Sinica Leidensia ; 25.
Sinica Leidensia Online, ISBN: 9789004498488.
Sinica Leidensia ; 25
Sinica Leidensia Online, ISBN: 9789004498488
Language:
English
Subjects (All):
Adultery--China--History.
Adultery.
Law and ethics.
Murder--China--History.
Murder.
Physical Description:
1 online resource.
Other Title:
A study of law and morality
Place of Publication:
Leiden; Boston : BRILL, 1991.
Summary:
In this publication the development is traced of two sections of the chapter on "Homicide" of the penal code of the Qing dynasty (1644-1912), Murder and Homicide of an Adulterer. The former deals with premeditated homicide where there is no difference in status, social or family relations between murderer and victim, while in the latter we find the husband who kills his wife and her paramour when caught in the act. In that case, the husband was immune from prosecution, provided that he commited the act at the time and at the site. The first section developed in a clear and intelligent way, with in general some logical provisions being added from the beginning till the end of the dynasty. 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. Consequently, by accentuating the husband's important status and for the sake of maintaining the established hierarchy in society, that section changed into a bad and cruel part of the law, turning the husband's behaviour from an excusable exception into morally justified conduct, and likewise the woman's misbehaviour into a mortal sin. This has all been confirmed by the motivation of the legislation and sentences of the cases.
Contents:
Preliminary Material / M.J. Meijer
Acknowledgements / M.J. Meijer
Introduction / M.J. Meijer
Chapter One General Remarks / M.J. Meijer
Chapter Two The Section Entitled "Mousha" (Murder) / M.J. Meijer
Chapter Three Legislation about Illicit Sexual Intercourse / M.J. Meijer
Chapter Four Responsibility of the Husband for the Homicide of the Adulteress / M.J. Meijer
Chapter Five Responsibility for Homicide of the Adulterer / M.J. Meijer
Chapter Six The Reaction of the Guilty / M.J. Meijer
Chapter Seven The Relatives / M.J. Meijer
Chapter Eight Survey and Conclusions / M.J. Meijer
Appendix / M.J. Meijer
Glossary / M.J. Meijer
Bibliography / M.J. Meijer
Index / M.J. Meijer.
Notes:
Includes bibliographical references and index.
Description based on print version record.
Other Format:
Print version: Murder and adultery in Late Imperial China : A study of law and morality.
ISBN:
9789004482883
9789004092730
OCLC:
645760058
Publisher Number:
10.1163/9789004482883 DOI
Access Restriction:
Restricted for use by site license.

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