Women's Choices under the Law
Marriage, Divorce, and Illicit Sex in the Qing and the Republic
Bibliographic Data
| ID | 6008650 |
|---|---|
| Authors | Philip C C Huang (University of California, Los Angeles, corresponding author) |
| Year | 2001 |
| Volume | 27 |
| Issue | 1 |
| Pages | 3-58 |
| Publication date | 2001-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Modern China (JOURNAL) |
| Journal identifiers | ISSN: 0097-7004 • E-ISSN: 1552-6836 |
| Publisher | SAGE Publications Inc (PUBLISHER) |
| DOI | 10.1177/009770040102700101 |
| PMID | 18095409 |
| OpenAlex | W2152437034 |
| Language | EN |
| Citations received | 9 |
| References cited | 15 |
This chapter examines separately Qing and Republican Chinese law's constructions of women's will, and uses each illuminate the other. Qing law's construction, though differing greatly from the Guomindang's Republican law that modelled itself after the 1900 German Civil Code, nevertheless did not view women simply as entities devoid of will and choice, but rather as beings who chose between consenting to and resisting abusive treatment what this article terms passive agency. It also examines actual legal practice on the basis of 193 (what are termed by archivists) marriage-related (or marriage and illicit sex) cases collected by the author. The chapter considers just how the law worked in practice. Court actions often deviated from codified intent, especially under the transplanted laws of the Republic. On balance, Qing law actually afforded women who were in weak positions more protection than Guomindang law. Keywords: Guomindang Law; legal practice; Qing law; Republican Chinese law
Agency (philosophy · Balance (ability · Chinese law · Chose · Civil code · Civil law (Civil law · Common law · Comparative law · German · Municipal law · Political science · Public law · Sociology · Chinese history and philosophy · History · Law · Psychology
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| Unique citing works | 9 |
|---|---|
| Citations per year | 0,41 |
| Citation span | 2004 - 2024 (21) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 9 |