China's Traditional Legal Order

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 sh...

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Autor principal: Terada, Hiroaki
Formato: Online
Idioma:inglês
Publicado em: Springer Nature 2025
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author Terada, Hiroaki
author_browse Terada, Hiroaki
author_facet Terada, Hiroaki
author_sort Terada, Hiroaki
collection Directory of Open Access Books
description 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.
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spelling doab-20.500.12854ir-1659072025-08-14T05:09:58Z China's Traditional Legal Order Terada, Hiroaki Chinese legal history Traditional Chinese law comparative legal history Traditional Chinese litigation Qing code thema EDItEUR::N History and Archaeology::NH History::NHF Asian history thema EDItEUR::N History and Archaeology::NH History::NHT History: specific events and topics::NHTB Social and cultural history thema EDItEUR::L Law::LA Jurisprudence and general issues::LAZ Legal history thema EDItEUR::L Law::LA Jurisprudence and general issues::LAB Methods, theory and philosophy of law 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. 2025-08-14T05:09:58Z 2025-08-14T05:09:58Z 2025-08-13T10:20:55Z 2025 book ONIX_20250813T121456_9789819659418_57 https://library.oapen.org/handle/20.500.12657/105489 9789819659418 9789819659401 https://directory.doabooks.org/handle/20.500.12854/165907 eng The University of Tokyo Studies on Asia open access image/jpeg n/a https://library.oapen.org/bitstream/20.500.12657/105489/1/9789819659418.pdf Springer Nature Springer Nature Singapore 10.1007/978-981-96-5941-8 10.1007/978-981-96-5941-8 9fa3421d-f917-4153-b9ab-fc337c396b5a feaf584a-8325-48f8-8462-e925bd61d9b7 d0ffa379-624d-4813-8445-226cdba46434 9789819659418 9789819659401 Springer Nature Singapore 360 Singapore [...] University of Tokyo 東京大学憲 10.13039/501100004721 open access
spellingShingle Chinese legal history
Traditional Chinese law
comparative legal history
Traditional Chinese litigation
Qing code
thema EDItEUR::N History and Archaeology::NH History::NHF Asian history
thema EDItEUR::N History and Archaeology::NH History::NHT History: specific events and topics::NHTB Social and cultural history
thema EDItEUR::L Law::LA Jurisprudence and general issues::LAZ Legal history
thema EDItEUR::L Law::LA Jurisprudence and general issues::LAB Methods, theory and philosophy of law
Terada, Hiroaki
China's Traditional Legal Order
title China's Traditional Legal Order
title_full China's Traditional Legal Order
title_fullStr China's Traditional Legal Order
title_full_unstemmed China's Traditional Legal Order
title_short China's Traditional Legal Order
title_sort china s traditional legal order
topic Chinese legal history
Traditional Chinese law
comparative legal history
Traditional Chinese litigation
Qing code
thema EDItEUR::N History and Archaeology::NH History::NHF Asian history
thema EDItEUR::N History and Archaeology::NH History::NHT History: specific events and topics::NHTB Social and cultural history
thema EDItEUR::L Law::LA Jurisprudence and general issues::LAZ Legal history
thema EDItEUR::L Law::LA Jurisprudence and general issues::LAB Methods, theory and philosophy of law
topic_facet Chinese legal history
Traditional Chinese law
comparative legal history
Traditional Chinese litigation
Qing code
thema EDItEUR::N History and Archaeology::NH History::NHF Asian history
thema EDItEUR::N History and Archaeology::NH History::NHT History: specific events and topics::NHTB Social and cultural history
thema EDItEUR::L Law::LA Jurisprudence and general issues::LAZ Legal history
thema EDItEUR::L Law::LA Jurisprudence and general issues::LAB Methods, theory and philosophy of law
url ONIX_20250813T121456_9789819659418_57
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