Melissa Macauley is Assistant Professor of History at Northwestern University
发表于2024-11-21
Social Power and Legal Culture 2024 pdf epub mobi 电子书
Litigation masters emerged as historical actors in the southern Song, and became a significant social problem in the late Ming, the so-called second commercial revolution. They provided the personal links between local arenas and the infrastructure of that ...
评分 评分Litigation masters emerged as historical actors in the southern Song, and became a significant social problem in the late Ming, the so-called second commercial revolution. They provided the personal links between local arenas and the infrastructure of that ...
评分Litigation masters emerged as historical actors in the southern Song, and became a significant social problem in the late Ming, the so-called second commercial revolution. They provided the personal links between local arenas and the infrastructure of that ...
评分Litigation masters emerged as historical actors in the southern Song, and became a significant social problem in the late Ming, the so-called second commercial revolution. They provided the personal links between local arenas and the infrastructure of that ...
图书标签: 法律史与法律文化 論文 論政 社会史 清 海外中国研究 法律史 法
Asserting that litigation in late imperial China was a form of documentary warfare, this book offers a social analysis of the men who composed legal documents for commoners and elites alike. Litigation masters—a broad category of legal facilitators ranging from professional plaintmasters to simple but literate men to whom people turned for assistance—emerge in this study as central players in many of the most scandalous cases in eighteenth- and nineteenth-century China. These cases reveal the power of scandal to shape entire categories of law in the popular and official imaginations.
The author characterizes litigation masters as entrepreneurs of power, intermediaries who typically emerge in the process of limited state expansion to provide links between local interests and the infrastructure of the state. These powermongers routinely acted in the interests of the local elite and the male lineage. But cases preserved in criminal archives also reveal a clientele surprisingly composed of the subordinate actors in legal disputes—widows fighting in-laws and other men, debtors contesting creditors, younger brothers disputing older ones, and common people charging the rich. Challenging earlier scholarship claiming that the Chinese legal system simply maintained the hegemony of elites and the patriarchal order, this study shows how the legal tools of domination were often transformed into weapons of social resistance and revenge.
The book also examines the manifold ways in which legal practice, Confucian ideology, and popular entertainments like opera and storytelling coalesced into Chinese legal culture. Popular traditions in particular did not simply reflect legal culture but actively influenced it, shaping common presumptions about law that transcended differences of class and region. Exploring Chinese legal culture in the structural contexts of commercialization, changes in property transactions, and ineradicable litigation backlogs, the author explains why litigation was condemned by all classes of Chinese men and women even as all classes litigated.
1.野心太大,起码可以裂成两本书。一本可以是社会史写法,重点放在social power上,讨论讼师作为一种litigant broker如何身处state与society之间;另一本可以是新文化史写法,重点放在legal culture上,讨论不同的discourse如何构建出了"讼师"这一形象。2. 口味太杂,差不多一章一个味道,有James Scott, E.P. Thompson, Philip Huang, 以及作为底料的Foucault和Bourdieu。3.关于讼师的empirical分析还是值四星以上的。
评分读到中部讲寡妇那段简直完全迷失了。。
评分读到中部讲寡妇那段简直完全迷失了。。
评分翻过
评分读到中部讲寡妇那段简直完全迷失了。。
Social Power and Legal Culture 2024 pdf epub mobi 电子书