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China's Traditional Legal Order : Narrating Law across Civilizations / by Hiroaki Terada.
Springer Nature - Springer Nature Link Journals and eBooks - Fully Open Access Available online
View online- Format:
- Book
- Author/Creator:
- Terada, Hiroaki., Author.
- Series:
- The University of Tokyo Studies on Asia, 2731-7641
- Language:
- English
- Subjects (All):
- Social history.
- Law--History.
- Law.
- Law--Philosophy.
- Asian History.
- Social History.
- Legal History.
- History of China.
- Theories of Law, Philosophy of Law, Legal History.
- Asia--History.
- Asia.
- China--History.
- China.
- Local Subjects:
- Asian History.
- Social History.
- Legal History.
- History of China.
- Theories of Law, Philosophy of Law, Legal History.
- Physical Description:
- 1 online resource (XV, 360 p. 26 illus., 5 illus. in color.)
- Edition:
- 1st ed. 2025.
- Place of Publication:
- Singapore : Springer Nature Singapore : Imprint: Springer, 2025.
- Summary:
- This open access book explores how China had already established political and economic dualisms—political by the Common Era and economic by the 10th century—long before the West developed its dualism of state and society in the 17th and 18th centuries. In traditional China, social relations were shaped through market-like contractual means, with land freely traded and disputes resolved in state courts. Yet, the nature of ownership, contracts, and trials differed profoundly from modern Western practices. This book tackles two key themes. First, it provides a detailed analysis of rights, laws, and trials in Qing China, covering family law, land law, court systems, and statutory law. Second, it reinterprets traditional Chinese legal concepts independently of modern Western frameworks, offering a fresh perspective on legal history. By situating Traditional Chinese Law within the broader context of Traditional Western Law and Modern Law, the book presents a groundbreaking model for comparative legal history. Written by a renowned legal historian, this well-grounded and profound work ingeniously integrates legal historical research with theoretical analysis. Through insightful interpretations utilizing Qing legal documents, it represents a significant contribution to the study of legal history in recent years. This book is of interest to historians, legal scholars, sociologists, and sinologists, offering valuable insights into the unique characteristics of the traditional Chinese legal order.
- Contents:
- Chapter 1. Prologue: Traditional Chinese Legal Order
- Chapter 2. People and Family
- Chapter 3. Livelihood and Property
- Chapter 4. Social Relations
- Chapter 5. Order, Dispute and Lawsuit
- Chapter 6. Adjudication
- Chapter 7. Conviction and Sentencing
- Chapter 8. Law, Power, and Society
- Chapter 9. Traditional Law and Modern Law
- Chapter 10. Epilogue: Narrating Law across Civilizations.
- Notes:
- Description based on publisher supplied metadata and other sources.
- ISBN:
- 981-9659-41-8
- OCLC:
- 1535979035
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