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Heaven has eyes : a history of Chinese law

Title
Heaven has eyes : a history of Chinese law / Xiaoqun Xu.
ISBN
9780190060046
0190060042
9780190060053
9780190060060
9780190060077
Publication
New York, NY : Oxford University Press, [2020]
Physical Description
xii, 363 pages ; 25 cm.
Summary
"A history of Chinese law and justice from the imperial era to the post-Mao era, the book addresses the evolution and function of law codes and judicial practices in China's long history, and examines the transition from traditional laws and practices to their modern counterparts in the twentieth century and beyond. From the ancient times to the twenty-first century, there has been an enduring expectation or hope among the Chinese people that justice should and will be done in society, which is expressed in a popular Chinese saying, "Heaven has eyes." To the Chinese mind in the imperial era, justice was, and was to be achieved as, an alignment of Heavenly reason, state law, and human relations. Such a conception did not change until the turn of the twentieth century when Western-derived notions--natural rights, legal equality, the rule of law, judicial independence, and due process--came to replace the Confucian moral code of right and wrong, which was a fundamental shift in philosophical and moral principles that informed law and justice. The legal-judicial reform agendas since the beginning of the twentieth century (still ongoing today) stemmed from this change in the Chinese moral and legal thinking, but to materialize the said principles in everyday practices is a very different order of things that is much more difficult to accomplish, hence all the legal dramas including tragedies in the past one century or so. The book will lay out how and why that is the case"-- Provided by publisher.
Other formats
Online version: Xu, Xiaoqun, 1954- Heaven has eyes New York : Oxford University Press, 2020.
Format
Books
Language
English
Added to Catalog
January 30, 2021
Bibliography
Includes bibliographical references and index.
Contents
Introduction: Law and Justice in Chinese History
Five Punishments and Beyond : The Evolution of Penal Codes in Imperial China
From the Imperial Capital to the Magistrate's Court : Judicial Practices in Imperial China
The Emperor, the Family, and the Land: Law and Order in Imperial China
Law and Justice in Late Qing and Republican China, 1901-
The Best of the Chinese and of the Western : Legal-Judicial Reform in the Late Qing, 1901-
The Rule of Law, Judicial Independence, and Due Process : Ideals and Realities in the Republican Era, 1912-
Bandits, Collaborators, and Wives/Concubines: Criminal and Civil Justice in the Republican Era, 1912-
"Contradictions between the People and the Enemy" : Criminal Justice as the "Proletarian Dictatorship"
"Contradictions among the People" : Mediation and Adjudication of Civil Disputes
The Legal System and the Rule of Law : Changes in Criminal Justice, 1977-
"Naked Officials" and "Heavenly Net" : Changes in Criminal Justice, 1997-
"Look toward Money" : Civil Justice in Post-Mao China, 1977-
Conclusion : Heaven Has Eyes.
Genre/Form
History.
Citation

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