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Reforming Social Customs through Law

Dynamics and Discrepancies in the Nationalist Reform of the Adoptive Daughter-in-Law

Bibliographic Data

ID19509769
AuthorsYue Du (0000-0002-3865-0805, Cornell University, corresponding author)
Year2019
Volume21
Issue1
Pages76-106
Publication date2019-06-18
Open AccessNo
TypeARTICLE
VenueNAN Nü (JOURNAL)
Journal identifiersISSN: 1387-6805 • E-ISSN: 1568-5268
PublisherWalter de Gruyter GmbH (PUBLISHER • DE)
DOI10.1163/15685268-00211p03
OpenAlexW3000670880
LanguageEN
Citations received2

Tongyang , rearing daughters-in-law from childhood, was widely practiced as a form of bride price marriage and transactional family building in late imperial and Republican China. Denounced as feudal and backward in twentieth-century public discourse, this time-honored and once legally-protected form of marriage went through significant law reforms in the Republican era. This article examines how the Nationalist Guomindang (GMD) party-state (1928-1949) re-conceptualized tongyang by introducing foreign-inspired notions of parenthood as duty-bound guardianship, and marriage as a union of free choice between spouses. The reformed law annulled the legal relationship between “parents-in-law” and their adoptive daughters-in-law, which enabled adoptive daughters-in-law and their natal parents to dissolve previously established tongyang arrangements through litigation. But outside the courtroom, the Nationalist state adopted a non-interventionist approach toward the practice of tongyang , and took no actions to identify people who violated the law. This particular way of reforming social customs through reforming the law limited the effect of the GMD anti- tongyang legislation on a deeply-rooted social practice. The Nationalist reform of the adoptive daughter-in-law provides historians with a useful lens to discuss the dilemma Nationalist lawmakers faced as they treaded between the lines of offending popular customs and enforcing a rigid new social order through law, the balance of which was intimately connected with the regime’s legitimacy

Common law · Duty · Legislation · Nationalism · Political science · Politics · Sociology · Chinese history and philosophy · Demographic Trends and Gender Preferences · Historical Studies on Reproduction, Gender, Health, and Societal Changes · Law

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Citations per year2
Citation span2025 - 2025 (1)
Highly citedNo

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