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Empirical Law and Social Order: Contract Based Society in Qing China through Qingshui River Manuscripts

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A Contract-Based Social Order in Qing China: An In-depth Study of the Qingshui River Manuscripts

Publication Year: 2021

Overview:

This monograph represents pioneering work on the Qingshui River manuscripts and provides an empirical and theoretical analysis of contract law within pre-modern Chinese society. It offers new insights into how societies in late imperial China could mntn a stable social system based mostly on contracts, akin to Hobbesian 'words without sword'. The book systematically explores three interrelated questions: What were contracts? How and why did they function effectively?

The narrative is structured around the exploration of various facets that together depict a nuanced picture of contract society in southwest China. It argues for an interpretation of social order as being constructively formed and mntned through contracts, even under conditions where governmental influence was relatively weak.

Target Audience:

This work benefits scholars interested in law, sociology, history, and legal culture. For historians, it provides a deep dive into the socio-legal landscape of a frontier area within Qing China, offering novel insights for legal researchers who might use this material to develop integrated theoretical frameworks on contracts. By leveraging innovative theory from blockchn, the book presents a fresh interpretation of historical events that could be relevant to contemporary discussions.

Key Features:

? Comprehensive analysis based on over 3,000 contract documents and manuscripts

? Offers constructive interpretations about the nature, effectiveness, and role of contracts in Chinese society during late imperial times

? Proposes materials for an integrated theoretical framework on contracts

? Utilizes blockchn theory to interpret historical phenomena

Target Keywords:

Qingshui River Manuscripts, ContractsContract Law in China, Legal Culture in Qing China, MiddlemenScribes in China, Social Order in Frontier Areas, Order Without Law

Key Points of the Book:

  1. Introduction: A comprehensive introduction that contextualizes the study within existing scholarly debates on contract societies and legal history.

  2. Rediscovering Contracts: This chapter explores the historical context and relevance of contracts as a legal tool during late imperial China, with specific reference to Qingshui River manuscripts as a unique source material.

  3. Middlemen: Focuses on the role of middlemen or scribes in contract drafting and enforcement, highlighting their importance in establishing trust and facilitating transactions within communities.

  4. Scribes: Discusses the responsibilities, skills, and status of scribes who were instrumental in creating contracts, reflecting the legal culture that sustned contract-based social orders.

  5. Social Order through Contracts: This chapter analyzes how contracts effectively facilitated trade, resolved disputes, and mntned social order among diverse groups within frontier areas.

  6. and Implications: Summarizes key findings, discusses their implications for contemporary understanding of law, sociology, and history, and suggests directions for future research.

Author Background:

The monograph is authored by Jian Qu, an accomplished scholar in legal history with extensive experience in analyzing historical documents. His academic contributions include a previous work recognized with the prestigious 2019 Chinese Legal History Association award.

Bibliographic Information:

The monograph provides an in-depth and nuanced exploration of contract societies within pre-modern Chinese context, offering a fresh perspective for scholars interested in legal history, sociology, and the study of ancient Asian societies. By leveraging innovative theoretical frameworks from contemporary disciplines like blockchn studies, it bridges historical analysis with contemporary academic discussions on law, governance, and social order.

This summary is a reformatted version of the provided document while mntning core information about the book's content, author background, publication detls, and its contribution to interdisciplinary fields.
This article is reproduced from: https://link.springer.com/content/pdf/10.1007%2F978-981-33-4947-6.pdf

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