|Civil justice in China : representation and practice in the Qing|
|Civil justice in China : representation and practice in the Qing / Philip C .C. Huang.|
Text in English with character list in Chinese.
Includes bibliographical references (pages 247-254) and index.
1. Introduction -- 2. Defining Categories: Disputes and Lawsuits in North China Villages Before the Communist Revolution -- 3. Informal Justice: Mediation in North China Villages Before the Communist Revolution -- 4. Formal Justice: Codified Law and Magisterial Adjudication in the Qing -- 5. Between Informal Mediation and Formal Adjudication: The Third Realm of Qing Justice -- 6. Two Patterns in the Qing Civil Justice System -- 7. Extent, Cost, and Strategies of Litigation -- 8. From the Perspective of Magistrate Handbooks -- 9. Max Weber and the Qing Legal and Political Systems -- App. A. Village and County Data -- App. B. Weights and Measures.
The opening of archives on legal case records and judicial administration in China has made possible a new examination of past assumptions about the Chinese justice system. Scholars can now ask where actual legal practice deviated from official and popular conceptualizations and depictions. In the process, they can arrive at a new understanding not only of the legal system, but of state-society relations and the nature of the Chinese social-political system as a whole. Studies of Chinese justice also permit the joining together of social and cultural history. Historians of society and economy, on the one hand, and of mentalities and culture, on the other, have long tended to go their separate ways. Law, however, is a sphere of life in which the two are inseparable. Legal case records contain evidence for both practice and representation.--OCLC record.