Contract and Property in Early Modern China: Rational Choice in Political Science

Author: Madeleine Zelin
Published: March 2004
Publisher: Stanford University Press
ISBN: 0804746397
Hardcover Book
Number of Pages: 400

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The outcome of a research project by Columbia and North Carolina Universities, and the Chinese University of Law and Politics, investigate Chinese economic and legal institutions as they developed during the last dynasty and early years of the new republic. The 11 studies consider contracts in the context of establishing property rights and the practice of business. Among the topics are why county courts failed to prevent violent disputes over property in 18th-century China, and financial arrangements in the textile industry in the Lower Yangzi Delta from 1895 to 1937.

Table of Contents
List of Tables and Figures
Introduction 1
1 A Critique of Rights of Property in Prewar China 17
2 Writs of Passage in Late Imperial China: The Documentation of Practical Understandings in Minong, Taiwan 37
3 Litigation, Legitimacy, and Lethal Violence: Why County Courts Failed to Prevent Violent Disputes over Property in Eighteenth-Century China 94
4 Property, Taxes, and State Protection of Rights 120
5 The Status of Contracts in Nineteenth-Century Chinese Courts 159
6 The Missing Metaphor: Applying Western Legal Scholarship to the Study of Contract and Property in Early Modern China 178
7 Supplemental Payment in Urban Property Contracts in Mid to Late Qing Shanghai 209
8 Managing Multiple Ownership at the Zigong Salt Yard 230
9 Custom, the Code, and Legal Practice: The Contracts of Changlu Salt Merchants in Late Imperial China 269
10 Companies in Debt: Financial Arrangements in the Textile Industry in the Lower Yangzi Delta, 1895-1937 298
11 Contracting Business Partnerships in Late Qing and Republican China: Paradigms and Patterns 327
Chinese Names and Terms 349
Bibliography 359
List of Contributors 379
Index 381

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