Historians and scholars of Chinese and comparative literature look at the influence of the Ming and Qing dynasties (c. 1550-1911) legal culture on literature and the influence of literary conventions on the presentation of legal cases. Essays explore works of crime-case fiction, judicial handbooks for magistrates and legal secretaries, popular attitudes toward Buddhist monks and merchants as reflected in the plaints, the role of professional litigation masters, and the belief in a parallel, otherworldly judicial system.
Historians and scholars of Chinese and comparative literature look at the influence of the Ming and Qing dynasties (c. 1550-1911) legal culture on literature and the influence of literary conventions on the presentation of legal cases. Essays explore works of crime-case fiction, judicial handbooks for magistrates and legal secretaries, popular attitudes toward Buddhist monks and merchants as reflected in the plaints, the role of professional litigation masters, and the belief in a parallel, otherworldly judicial system.
Edited by Robert E. Hegel and Katherine N. Carlitz
Inhaltsangabe
Preface Abbreviations and Terminology Introduction: Writing and the Law / Robert E. Hegel Part One Rhetoric and Persuasion 1. Making a Case: Characterizing the Filial Son / Maram Epstein 2. Explaining the Shrew: Narratives of Spousal Violence and the Critique of Masculinity in Eighteenth-Century Criminal Cases / Janet Theiss 3. Between Oral and Written Cultures: Buddhist Monks in Qing Legal Plaints / Yasuhiko Karasawa 4. The Art of Persuasian in Literature and Law / Robert E. Hegel Part Two Legal Discourse and the Power of the State 5. Filial Felons: Leniency and Legal Reasoning in Qing China / Thomas Buoye 6. The Discourse on Insolvency and Negligence in Eighteenth-Century China / Pengsheng Chiu 7. Poverty Tales and Statutory Politics in Mid-Qing Fraud Cases / Mark McNicholas 8. Indictment Rituals and the Judicial Continuum in Late Imperial China / Paul R. Katz Part Three Literature and Legal Procedure 9. Reading Court Cases from the Song and the Ming: Fact and Fiction, Law and Literature / James St. Andre 10. Beyond Bao: Moral Ambiguity and the Law in Late Imperial Chinese Narrative Literature / Daniel M. Youd 11. Genre and Justice in Late Qing China: Wu Woyao's Strange Case of Nine Murders and Its Antecedents / Katherine Carlitz Part Four Retrospective 12. Interpretive Communities: Legal Meaning in Qing Law / Jonathan Ocko Glossary Bibliography Contributors Index
Preface Abbreviations and Terminology Introduction: Writing and the Law / Robert E. Hegel Part One Rhetoric and Persuasion 1. Making a Case: Characterizing the Filial Son / Maram Epstein 2. Explaining the Shrew: Narratives of Spousal Violence and the Critique of Masculinity in Eighteenth-Century Criminal Cases / Janet Theiss 3. Between Oral and Written Cultures: Buddhist Monks in Qing Legal Plaints / Yasuhiko Karasawa 4. The Art of Persuasian in Literature and Law / Robert E. Hegel Part Two Legal Discourse and the Power of the State 5. Filial Felons: Leniency and Legal Reasoning in Qing China / Thomas Buoye 6. The Discourse on Insolvency and Negligence in Eighteenth-Century China / Pengsheng Chiu 7. Poverty Tales and Statutory Politics in Mid-Qing Fraud Cases / Mark McNicholas 8. Indictment Rituals and the Judicial Continuum in Late Imperial China / Paul R. Katz Part Three Literature and Legal Procedure 9. Reading Court Cases from the Song and the Ming: Fact and Fiction, Law and Literature / James St. Andre 10. Beyond Bao: Moral Ambiguity and the Law in Late Imperial Chinese Narrative Literature / Daniel M. Youd 11. Genre and Justice in Late Qing China: Wu Woyao's Strange Case of Nine Murders and Its Antecedents / Katherine Carlitz Part Four Retrospective 12. Interpretive Communities: Legal Meaning in Qing Law / Jonathan Ocko Glossary Bibliography Contributors Index
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