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The History and Theory of Legal Practice in China: Toward a Historical-Social Jurisprudence goes beyond the either/or dichotomy of Chinese vs. Western law, tradition vs. modernity, and the substantive-practical vs. the formal. It does so by proceeding not from abstract legal texts but from the realities of legal practice. Whatever the declared intent of a law, it must in actual application adapt to social realities. It is the two dimensions of representation and practice, and law and society, that together make up the entirety of a legal system. The assembled articles by the editors and a new generation of Chinese scholars illustrate a new “historical-social jurisprudence,” and explore the possible conceptual underpinnings of a modern Chinese legal system that would both accommodate and integrate the unavoidable paradoxes of contemporary China.
Price: $271.00
Pages: 440
Publisher: Brill
Imprint: Brill
Publication Date:
20 June 2014
ISBN: 9789004276437
Format: Hardcover
"All contributors to the volume […] have done a great job of connecting their research to the proposed paradigm of historical-social jurisprudence in studying Chinese legal history. Their essays are highly welcome additions to the emerging field of empirical Chinese legal history. The volume offers a wealth of detailed case studies of the legal practices of the Qing, Republican and PRC eras from the Chinese perspective that will not only be of interest to scholars of Chinese legal history, but also to anyone concerned with the ongoing legal reform and transplantation process in contemporary China."
Michael H.K. Ng, University of Hong Kong, Monumenta Serica: Journal of Oriental Studies, 64. 2, December 2016
Michael H.K. Ng, University of Hong Kong, Monumenta Serica: Journal of Oriental Studies, 64. 2, December 2016
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. His major publications are his trilogy on rural China: The Peasant Economy and Social Change in North China, 1985; The Peasant Family and Rural Development in the Yangzi Delta, 1350- 1988, 1990; and 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.
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). She has served as the coeditor of Modern China: An International Journal of History and Social Science from 1998 to the present.
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). She has served as the coeditor of Modern China: An International Journal of History and Social Science from 1998 to the present.