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Books > History > Asian / Middle Eastern history
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Civil Justice in China - Representation and Practice in the Qing (Paperback, 1st New edition)
Loot Price: R803
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Civil Justice in China - Representation and Practice in the Qing (Paperback, 1st New edition)
Series: Law, Society, and Culture in China
Expected to ship within 12 - 19 working days
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To what extent do newly available case records bear out our
conventional assumptions about the Qing legal system? Is it true,
for example, that Qing courts rarely handled civil lawsuits--those
concerned with disputes over land, debt, marriage, and
inheritance--as official Qing representations led us to believe? Is
it true that decent people did not use the courts? And is it true
that magistrates generally relied more on moral predilections than
on codified law in dealing with cases? Based in large part on
records of 628 civil dispute cases from three counties from the
1760's to the 1900's, this book reexamines those widely accepted
Qing representations in the light of actual practice.
The Qing state would have had us believe that civil disputes were
so "minor" or "trivial" that they were left largely to local
residents themselves to resolve. However, case records show that
such disputes actually made up a major part of the caseloads of
local courts. The Qing state held that lawsuits were the result of
actions of immoral men, but ethnographic information and case
records reveal that when community/kin mediation failed, many
common peasants resorted to the courts to assert and protect their
legitimate claims. The Qing state would have had us believe that
local magistrates, when they did deal with civil disputes, did so
as mediators rather than judges. Actual records reveal that
magistrates almost never engaged in mediation but generally
adjudicated according to stipulations in the Qing code.
General
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