Selected Works of Modern Chinese Learning: Law And Society in Traditional China

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One hundred years ago, Zhang Zhidong tried to advocate Chinese learning by saying. 'The course of a nation, be it bright or gloomy, the pool of talents, be it large or small, are about governance on the surface, and about learning at the root. ' At that time, the imperialist powers cast menacing eyes on our country, and the domestic situation was deteriorating.The quick infiltration of Western learning made the long standing Chinese tradition come under heavy challenge.In those days, Chinese learning and Western learning stood side by side.Literature, history and philosophy split up, while many new branches of learning such as economics, politics and sociology were flourishing, which made many Chinese dazed.However, there appeared a vital and vigorous learning climate out of the confusing situation. It was at this critical moment that modern Chinese Scholarship made the transition by exchanging views, basing on profound contemplation and even with confrontation of idea and clash of views, the scholarship made continuous progress,bringing up a large number of persons of academic distinction and creating numerous innovative works. Changes in scholarship and in general modes of thinking made transition in all aspects of the society possible,thus laying a solid foundation for revitalizing China.
Table of Contents
Ⅰ.Family and Tsu
1.Scope of Family and Tsu
2.Father's Authority
3.Criminal Law and Familism
Injury and Homicide
Illicit Intercourse
Juniors to be Punished as Substitutes
Postponement of Punishment and Pardon
4.Blood Revenge
5.Administrative Law and Familism

1.Meaning of Marriage
Relatives of Different Surnames
Marriage with the Wife or Concubine of a Kinsman
3.The Role of Seniors in Arranging a Marriage
4.The Position of the Wife
5.Relations with Members of the Husband's
The Seven Conditions
I chiieh

Ⅲ.Social Classes
1.The Style of Life
Clothing and Ornament
Class Endogamy
Wedding Ceremonies
4.Ancestor Worship

Ⅳ.Social Classes (continued)
1.The Law of the Feudal Nobles
2.The Legal Privileges
Nobles and Officials
Family Members of Nobles and Officials
3.Inequalities between the Free and the Mean
Common People and Slaves
Masters and Slaves
4.Inequalities between Races

Ⅴ.Magic and Law
2.Supernatural Recompense
3.Taboo in Punishment
4.Black Magic

Ⅵ.The Confucian School and the Legal School
1.Li Versus Law
Li and the Confucianists
Law and the Legalists
2.Virtue and Punishment
3.The Confucianization of Law

Chinese and Japanese Sources
I.General Works
II.Works on Law
A.Codes and Commentaries
B.History of Law and Administration of Justice
Sample Pages Preview
All seniors who might be legally concealed were also protected from accusations. If a first-degree senior or a maternal grandparent was accused, even though the accusation was war-ranted, the accuser was given two years' imprisonment in T'ang and Sung times, and one hundred strokes in Ming and Ch'ing times. Punishment for accusing other seniors was reduced according to their position in the mourning system. In T'ang and Sung times, the punishment for accusing a senior in the second degree was one and a half years' imprisonment, for a relative in the third or fourth degree, one year's imprisonment,In Ming and Ch'ing times, the punishment for accusing a senior in the second degree was ninety strokes, a senior in the third degree, eighty strokes, and a senior in the fourth degree, seventy-seven strokes. In all cases, the punishment was increased if the accusation was proven false. In T'ang and Sung times, the punishment for falsely accusing a senior in the second or third degree was increased two and one degrees respectively. In Ming and Ch'ing law, the punishment for falsely accusing a senior in the first, second, or third degree was three degrees more than punishment for the crime with which the accused had been charged.
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Selected Works of Modern Chinese Learning: Law And Society in Traditional China