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Law, Resources and Time-Space Constructing: Internal Evolutionary Logic for Chinese Judiciary During the 19th Century

By (author) Zhang Shiming

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This book studies the judicial evolution of the Qing Dynasty. It sums up the changes from six major aspects:Â 1. Banfangï¼ˆçæˆ¿ï¼‰emerged in the late Qianlong period; 2. The opening of capital appealsï¼ˆäº¬æŽ§ï¼‰early in Jiaqingâ€™s reign; 3. The consular jurisdiction was established during Daoguangâ€™s reign; 4. The execution on the spot ï¼ˆå°±åœ°æ£æ³•ï¼‰was started in Daoguang and Xianfeng periods; 5. The introduction of fashenju (å‘å®¡å±€ï¼Œa interrogatory court) happened during Tongzhiâ€™s reign; 6. Late in Guangxuâ€™s reign, banishment was abolished, and reforms were made for prisons.Â In the past, people did not have a comprehensive understanding of these big changes. From the perspective of legal culture,Â scholars often criticize traditional Chinese law focuses on criminal law while ignores civil law in terms of legal culture, but this situation can be explained in part by the inadequate allocation of resources and authoritarian resources in traditional societies. Using a large number of archives and precious materials such as private notes that were not noticed by academics in the past, this book adopts the research path of new historical jurisprudence to explore the inner logic of judicial evolution in the Qing Dynasty, focusing on the triangular connection between legal rules, resources, and temporal and spatial constructions, which is an important contribution to the study of traditional Chinese law.

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was: R 306.95
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