Contract and Property in Early Modern China

Contract and Property in Early Modern China PDF Author: Madeleine Zelin
Publisher: Stanford University Press
ISBN: 0804766940
Category : Law
Languages : en
Pages : 408

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Book Description
Providing a new perspective on economic and legal institutions, particularly on contract and property, in Qing and Republican history, this volume provides case studies to explicate how these institutions worked, while situating them firmly in their broader social context.

Contract and Property in Early Modern China

Contract and Property in Early Modern China PDF Author: Madeleine Zelin
Publisher: Stanford University Press
ISBN: 0804766940
Category : Law
Languages : en
Pages : 408

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Book Description
Providing a new perspective on economic and legal institutions, particularly on contract and property, in Qing and Republican history, this volume provides case studies to explicate how these institutions worked, while situating them firmly in their broader social context.

The Merchants of Zigong

The Merchants of Zigong PDF Author: Madeleine Zelin
Publisher: Columbia University Press
ISBN: 9780231135962
Category : Business & Economics
Languages : en
Pages : 440

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Book Description
From its dramatic expansion in the early nineteenth century to its decline in the late 1930s, salt production in Zigong was one of the largest and only indigenous large-scale industries in China. Madeleine Zelin's history details the novel ways in which Zigong merchants mobilized capital through financial-industrial networks and spurred growth by developing new technologies, capturing markets, and building integrated business organizations. She provides new insight into the forces and institutions that shaped Chinese economic and social development (independent of Western or Japanese influence) and challenges long-held beliefs that social structure, state extraction, the absence of modern banking, and cultural bias against business precluded industrial development in China.

Chinese Contract Law

Chinese Contract Law PDF Author: Larry A. DiMatteo
Publisher: Cambridge University Press
ISBN: 1316819507
Category : Law
Languages : en
Pages : 545

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Book Description
This book is the product of a unique collaboration between mainland Chinese scholars and scholars from the civil, common, and mixed jurisdiction legal traditions. It begins by placing the current Chinese contract law (CCL) in the context of an evolutionary process accelerated during China's transition to a market economy. It is structured around the core areas of contract law, anticipatory repudiation (common law) and defense of security (German law); and remedies and damages, with a focus on the availability of specific performance in Chinese law. The book also offers a useful comparison between the CCL and the UNIDROIT Principles of International Commercial Contracts, as well as the Convention on Contracts for the International Sale of Goods. The analysis in the book is undertaken at two levels - practical application of the CCL and scholarly commentary.

China's Economic Culture

China's Economic Culture PDF Author: Carsten Herrmann-Pillath
Publisher: Routledge
ISBN: 1134651090
Category : Social Science
Languages : en
Pages : 625

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Book Description
China's spectacular rise challenges established economic moulds, both at the national level, with the concept of "state capitalism", and at the firm level, with the notion of indigenous "Chinese management practices". However, both Chinese and Western observers emphasise the transitional nature of the reforms, thereby leaving open the question as to whether China's reform process is really a fast catch-up process, with ultimate convergence to global standards, or something different. This book, by a leading economist and sinologist, argues that "culture" is an exceptionally useful tool to help understand fully the current picture of the Chinese economy. Drawing on a range of disciplines including social psychology, cognitive sciences, institutional economics and Chinese studies, the book examines long-run path dependencies and cultural legacies, and shows how these contribute crucially to the current cultural construction of economic systems, business organisations and patterns of embedding the economy into society and politics.

Realms of Freedom in Modern China

Realms of Freedom in Modern China PDF Author: William C. Kirby
Publisher: Stanford University Press
ISBN: 9780804752329
Category : Social Science
Languages : en
Pages : 420

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Book Description
The fifteenth and final volume of the series The Making of Modern Freedom, this book explores a variety of issues surrounding questions of human rights and freedom in China. The chapters suggest very significant realms of freedom, with or without the protection of law, in the personal, social, and economic lives of people in China before the twentieth century. This was recognized, and partly codified, in the early twentieth century, when legal experts sought to establish a republic of laws and limits. The process of legal reform, however, would be placed firmly in the service of strengthening the post-imperial Chinese nation-state, culminating after 1949 in despotism unparalleled in Chinese history. Nevertheless, the last decades of the twentieth century and the first years of our own would witness a slow, steady, but unmistakable reassertion of realms of personal and communal autonomy that show, even in an era of strong states, at least the prospect of institutionalized freedoms.

Social Order through Contracts

Social Order through Contracts PDF Author: Jian Qu
Publisher: Springer Nature
ISBN: 9813349476
Category : Law
Languages : en
Pages : 299

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Book Description
This book is the first Western-language monograph on the study of the Qingshui River manuscripts. By examining over 3,000 contracts and other manuscripts, this book offers constructive insights into the long-standing question of how and why a society in late imperial China could maintain a well-functioning social system with few laws but many contracts, i.e., Hobbesian “words without sword.” Three interrelated questions, what contracts were, how and why they worked, are explained successively. Thus, this book presents a non-stereotypical “contract society” in southwest China, arguing that the social order which provides predictability and regularity for economic prosperity could be formed and maintained through contracts even under the condition of relatively weak influence of governmental and legal authorities. This book benefits readers who are interested in law, society, and history. While presenting the socio-legal landscape of a frontier area in late imperial China for historians, this book provides a novel and empirical interpretation of the supposedly well-known contract device for legal researchers, thereby proposing materials for an integrated theoretical explanatory framework of contracts in general. By employing the innovative theory of blockchain in its key argumentation, the book offers a creative interpretation of historical and social phenomena.

The Art of Being Governed

The Art of Being Governed PDF Author: Michael Szonyi
Publisher: Princeton University Press
ISBN: 0691197245
Category : History
Languages : en
Pages : 323

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Book Description
One of Choice Reviews' Outstanding Academic Titles of 2018--an innovative look at how families in Ming dynasty China negotiated military and political obligations to the state.tate.

Property Theory

Property Theory PDF Author: James Penner
Publisher: Cambridge University Press
ISBN: 1108526292
Category : Law
Languages : en
Pages : 253

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Book Description
Property, or property rights, remains one of the most central elements in moral, legal, and political thought. It figures centrally in the work of figures as various as Grotius, Locke, Hume, Smith, Hegel and Kant. This collection of essays brings fresh perspective on property theory, from both legal and political theoretical perspectives, and is essential reading for anyone interested in the nature of property. Edited by two of the world's leading theorists of property, James Penner and Michael Otsuka, this volume brings together essays which consider, amongst other topics, property and public law, the importance of legal forms in property theory, whether use or exclusion are most essential to our understanding of property, distributive justice, Lockean and Grotian theories, the common ownership of the Earth, and Confucian ideas of property.

Law and Long-Term Economic Change

Law and Long-Term Economic Change PDF Author: Debin Ma
Publisher: Stanford University Press
ISBN: 0804777616
Category : Business & Economics
Languages : en
Pages : 385

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Book Description
Recently, a growing body of work on "law and finance" and "legal origins" has highlighted the role of formal legal institutions in shaping financial institutions. However, these writings have focused largely on Europe, neglecting important non-Western traditions that prevail in a large part of the world. Law and Long-Term Economic Change brings together a group of leading scholars from economics, economic history, law, and area studies to develop a unique, global and, long-term perspective on the linkage between law and economic change. Covering the regions of Western Europe, East and South Asia, and the Middle East, the chapters explore major themes regarding the nature and evolution of different legal regimes; their relationship with the state or organized religion; the definition and interpretation of ownership and property rights; the functioning of courts, and other mechanisms for dispute resolution and contract enforcement; and the complex dynamics of legal transplantations through processes such as colonization. The text makes clear that the development of legal traditions and institutions—as embodiments of cultural values and norms—exerts a strong effect on long-term economic change. And it demonstrates that a good understanding of legal origins around the world enriches any debate about Great Divergence in the early modern era, as well as development and underdevelopment in 19th-20th century Eurasia.

Chinese Complaint Systems

Chinese Complaint Systems PDF Author: Qiang Fang
Publisher: Routledge
ISBN: 1135088578
Category : History
Languages : en
Pages : 251

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Book Description
Complaint systems have existed in China for many years, and in 2004, a debate took place in the People’s Republic of China (PRC) over the Letters and Visits System (xinfang zhidu), which was designed to allow people to register complaints with the upper levels of the government. However, both parties generally overlooked several different complaint systems that had preceded the Letters and Visits System during China’s history. Indeed, despite the rich heritage of numerous complaint systems throughout China’s past, most studies of complaint systems in China have paid little attention to the origins, development, practices, impact, and nature of similar institutions in the longue durée of Chinese history. Presenting a comprehensive study of complaint systems in Chinese history from early times to the present, this important book fills the gap in existing literature on complaint systems in China. Drawing on primary sources, Qiang Fang analyses the significance of continuities and changes in historical complaint systems for contemporary China, where the state continues to be nominally strong, but actually fragile. Unlike other major theories of popular resistance to the state in China, such as ‘everyday resistance’, ‘rightful resistance’ and resistance ‘as legal rights’, this book develops the theory that behind Chinese complaint systems, there was a mentality of ‘natural resistance’ that has been deeply embedded in Chinese culture, political philosophy, and folk religion for millennia. Given this history, Fang concludes that it is likely that some form of complaint system will continue to exist, and by helping to mitigate the increasing demands of the Chinese state on the Chinese, will serve to strengthen the state. An essential contribution understanding the strengths, weaknesses, and various roles of the Letters and Visits System in contemporary China, as well as the systems that have preceded it throughout China’s long history, this book will be of huge interest to students and scholars of Chinese history, politics and law.