The role of contract in early modern Chinese economic life, when acknowledged at all, is usually presented as a minor one. This volume demonstrates that contract actually played a critical role in the everyday structure of many kinds of relationships and transactions; contracts are, moreover, of enormous value to present-day scholars as transcriptions of the fine details of day-to-day economic activity.
Offering a new perspective on economic and legal institutions, particularly the closely related institutions of contract and property, in Qing and Republican China, the papers in this volume spell out how these institutions worked in specific social contexts. Drawing on recent research in far-flung archives, the contributors take as givens both the embeddedness of contract in Chinese social and economic discourse and its role in the spread of commodification. Two papers deal with broad issues: Zelin's argues for a distinctively Chinese heritage of strong property rights, and Ocko's examines the usefulness of American legal scholarship as a comparative analytic framework.
Rezensionen / Stimmen
"...the eleven papers in this volume present a fascinating range of case studies and historical details on the role of contracts and property rights in Chinese conomic transactions..."- EH.NET "This book is essential reading for scholars and graduate students interested in Chinese legal, social, and economic history."-History: Reviews of New Books "...this volume in its detailed study of contracts in early modern China is a timely contribution for anyone interested in China's policy and economic development today."-Canadian Journal of Law and Society
Auflage
Sprache
Verlagsort
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Editions-Typ
Produkt-Hinweis
Illustrationen
Maße
Höhe: 237 mm
Breite: 160 mm
Dicke: 28 mm
Gewicht
ISBN-13
978-0-8047-4639-7 (9780804746397)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Madeleine Zelin is Professor of History and East Asian Languages and Cultures at Columbia University. Jonathan K. Ocko is Professor and Head of the Department of History at North Carolina State University, and an Adjunct Professor of Chinese Legal History at Duke Law School. Robert Gardella is professor in the Humanities Department at the United States Merchant Marine Academy.
TABLE OF CONTENTS List of Tables and Figures Introduction Madeleine Zelin, Jonathan Ocko, Robert Gardella Part One: Contract and the Establishment of Property Rights Chapter 1 A Critique of Rights of Property in Pre-War China Madeleine Zelin Chapter 2 Writs of Passage in Late Imperial China: The Documentation of Practical Understandings in Minong, Taiwan Myron Cohen Chapter 3 Litigation, Legitimacy, and Lethal Violence: Why County Courts Failed to Prevent Violent Disputes over Property in Eighteenth-century China Thomas Buoye Chapter 4 Property, Taxes, and State Protection of Rights Anne Osborne Chapter 5 The Status of Contracts in Nineteenth-Century Chinese Courts Mark Allee Chapter 6 The Missing Metaphor: Applying Western Legal Scholarship the Study of Contract and Property in Early Modern China Jonathan Ocko Part Two: Contract and the Practice of Business Chapter 7 Supplemental Payment in Urban Property contracts in mid to late Qing Shanghai Feng Shaoting Chapter 8 Managing Multiple Ownership at the Zigong Saltyard Madeleine Zelin Chapter 9 Custom, The Code, and Legal Practice: The Contracts of Changlu Salt Merchants in Late Imperial China Man Bun Kwan Chapter 10 Companies in Debt Financial Arrangements in the Textile Industry in the Lower Yangzi Delta, 1895{-}1937 Tomoko Shiroyama Chapter 11 Contracting Business Partnerships in Late Qing and Republican China: Paradigms and Patterns Robert Gardella Glossary Bibliography List of Contributors Index Library of Congress Subject Headings for this publication: Contracts China History, Right of property China History