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Research from Archival Case Records

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Legal history studies have often focused mainly on codified law, without attention to actual practice, and on the past, without relating it to the present. As the title—Research from Archival Case ...
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  • 13 March 2014
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Legal history studies have often focused mainly on codified law, without attention to actual practice, and on the past, without relating it to the present. As the title—Research from Archival Case Records: Law, Society, and Culture in China—of this book suggests, the authors deliberately follow the research method of starting from court actions and only on that basis engage in discussions of laws and legal concepts and theory. The articles cover a range of topics and source materials, both past and present. They provide some surprising findings—about disjunctures between code and practice, adjustments between them, and how those reveal operative principles and logics different from what the legal texts alone might suggest.

Contributors are: Kathryn Bernhardt, Danny Hsu, Philip C. C. Huang, Christopher Isett, Yasuhiko Karasawa, Margaret Kuo, Huaiyin Li, Jennifer M. Neighbors, Bradly W. Reed, Matthew H. Sommer, Huey Bin Teng, Lisa Tran, Elizabeth VanderVen, and Chenjun You.
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Price: $311.00
Pages: 568
Publisher: Brill
Imprint: Brill
Publication Date: 13 March 2014
ISBN: 9789004271883
Format: Hardcover
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Philip C. C. Huang taught at UCLA from 1966 to 2004, advancing to “Professor, Above-Scale” in 1991, and has taught at the Renmin University of China, in the Law School and the School of Agricultural Economics and Rural Development, since 2005. He was the founding director of UCLA’s Center for Chinese Studies from 1986 of 1995, the (founding) editor of Modern China: An International Journal of History and Social Science from 1975 to the present, and the (founding) editor of 中国乡村研究 (Rural China: An International Journal of History and Social Science) from 2003 to the present. His major publications are his trilogy on rural China: The Peasant Economy and Social Change in North China, 1985 (awarded the Fairbank prize of the American Historical Association); The Peasant Family and Rural Development in the Yangzi Delta, 1350-1988, 1990 (awarded the Levenson prize of the Association for Asian Studies); and 超越左右:从实践历史探寻探寻中国农村发展出路 (Beyond the Left-Right Divide: Searching for a Path of Rural Development in China from the History of Practice), in Chinese only, 2014. And his trilogy on Chinese civil justice: Civil Justice in China: Representation and Practice in the Qing, 1996; Code, Custom, and Legal Practice in China: The Qing and the Republic Compared, 2001; Chinese Civil Justice, Past and Present, 2010. All the books in English have been published in multiple printings and editions in Chinese.

Kathryn Bernhardt is professor emerita of history at the University of California, Los Angeles. She is the author of Rents, Taxes, and Peasant Resistance: The Lower Yangzi Region, 1840-1950 (Stanford University Press, 1992; awarded the 1992 John K. Fairbank prize of the American Historical Association) and Women and Property in China, 960-1949 (Stanford University Press, 1999) and co-editor (with Philip C. C. Huang) of Civil Law in Qing and Republican China (Stanford University Press, 1994).