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-----Draft Course Outline--Nanyang Technological University, Semester 2, 2014/15
School of Humanities and Social Sciences, History Group
CRIME, PUNISHMENT, LAW AND
DISORDER IN LATE IMPERIAL CHINA
Time: Wednesdays, 14:30-17:30 pm
Venue: SPMS TR+13
Course Code: HH3011
Academic Unit: 3 AU
Instructor: Chen, Song-Chuan
T: 65927879
E: [email protected]
Office: HSS, 05-12
Administrative support
History Group
Chong Mei Zhen, Rebecca
T: 65922461
E: [email protected]
COURSE DESCRIPTION:
There is crime and there is, supposedly, punishment. Behind law and order, or disorder,
there were tears, blood, emotions, stories and history. The history of law and crime can be
as exciting as detective novel and as sad and profound as Greek tragedy. This course
provides an introduction to Chinese legal history through an examination of judicial
practice, the evolution of codified law, and other aspects of legal culture in the late imperial
period. The Ming (1368-1644) and Qing (1644-1911) dynasties' criminal cases, law, and
legal procedures are the central topics of the course. We will also explore how Europeans
viewed China's criminal justice and how their imperial gaze changed China's history of
crime and punishment. As legal history has become an important sub-discipline within
history, this course will introduce students to how a legal system reflects a society's
structures and values in a mutual reinforcing manner, and how a legal sensibility of a
society was created.
LEARNIN OBJECTIVE:
This course will examine legal cases and literary representations of the legal system in
operation. Through reading primary and secondary sources about substantive law, legal
institutions and the supporting political-philosophical norms, the course aims to equip
students with knowledge on major topics in Chinese legal history in the late imperial period.
ASSESSMENT
100% Continuous Assessment
(1) Group and individual research and presentation, 35% (15% group grade; 20% individual
grade (10% peer grading within group; 10 % instructor grading))
Page 1 of 14
(2) Group documentary making 35% (15% group grade; 20% individual grade (15% peer
grading within group; 5 % instructor grading)
(3) Citizenship (class participation: attendance and discussion) 10%
(4) One research essay (3000-word) 20%
—due on 20 November noon
(further details on page 5)
WEEKLY COURSE OUTLINES


All required readings and archival documentary materials are available on Edventure,
unless otherwise stated.
All further readings and selected bibliography are available from NTU libraries.
W1, 14 January, Introduction: Law and Order
Reading:
Lawrence Rosen, 'Max Weber, The Evolution from Irrationality to Rationality in Law' in Sally
Falk Moore eds., Law and Anthropology, pp. 53-63
Further readings:
Foucault, Discipline and Punishment,
W2, 21 January, Death by a Thousand Cuts
Required readings:
Chapter 1 and 2, Death by a Thousand Cuts, by Brook, Bourgon, and Blue, pp. 1-67
Further readings:
Brook, Bourgon, and Blue, Death by a Thousand Cuts
David Der-Wei Wang, The Monster That Is History: History, Violence, and Fictional Writing
in Twentieth-Century China,
Paul R. Katz, Divine Justice: Religion And The Development Of Chinese Legal Culture,
Taylor & Francis, 8 Dec, 2008
W3, 28 January, The Death of Woman Wang: a social-economic context of crime and
punishment
Required readings:
Spence, The Death of Woman Wang
'Reading Guide to The Death of Woman Wang'
Further readings:
Huang Liu-hung (Huang Liuhong), A Complete Book Concerning Happiness and
Benevolence: or in Chinese 福惠全書
Pu Songling, Strange Stories from a Chinese Studio; or in Chinese 聊齋志異
Page 2 of 14
W4, 4 Feburary, Crime Administration: General
Required readings:
'Translator's introduction', and Chüan 11, and 12, in 'Huang Liuhung, A Complete Book
Concerning Happiness and Benevolence, pp1-49, and 251-306
Further readings:
Huang Liuhung, A Complete Book Concerning Happiness and Benevolence: or in Chinese
福惠全書, Chüan 14-20
Jonathan Ocko, 'I'll Take It All the Way to Beijing: Capital Appeals in the Qing' Journal of
Asian Studies, Vol. 47, No. 2. (May, 1988), pp. 291-315
'From the Perspective of Magistrate Handbooks', in Huang, Civil Justice in China:
Representation and Practice, pp198-222.
W5, 11 Feburary, Crime Administration: Prison; Forensic Practice; letigation
Masters
Required readings:
Chüan 13, in Huang Liuhung, A Complete Book Concerning Happiness and Benevolence,
pp. 307-318
Asen, Daniel, 'Vital Spots, Mortal Wounds, and Forensic Practice: Finding Cause of Death
in Nineteenth-Century China' East Asian Science, Technology and Society: an
International Journal (2009) 3:453–474
Chapter 2, 'Skilled Coroners and Skeletal Remains: The Problem of “Expertise” in Late
Imperial Forensics', in Asen, Daniel. 'Dead Bodies and Forensic Science : Cultures of
Expertise in China, 1800-1949,' pp. 72-104
Will, P. E. (2007). 'Developing forensic knowledge through cases in the Qing dynasty'. In C.
Furth, J. Zeitlin & P. Hsiung (Eds.), Thinking with cases: Specialist knowledge in
Chinese cultural history. Honolulu: University of Hawaii Press.
Macauley, Melissa Social Power & Legal Culture: Litigation Masters in Late Imperial China,
(Stanford, 1998);
Further readings:
Asen, Daniel. 'Dead Bodies and Forensic Science : Cultures of Expertise in China, 18001949.' Ph.D. diss., Columbia University, 2012.
Timmermans, S. (2006). Postmortem: How medical examiners explain suspicious deaths.
Chicago: The University of Chicago Press.
W6, 18 Feburary, Runners and Clerks
Required readings:
Chapters, 1 and 3, and Appendix A, B, C, D, E, and F in Reed, Talons and Teeth: County
clerks and Runners in the Qing Dynasty, pp. 31-75, pp 122-159, 269-283
Further readings:
"Magistrate T'eng and the Case of Inheritance" pp. 485-501 in Ma and Joseph S. M. Lau,
Lau, eds., Traditional Chinese Stories: Themes and Variations, Cheng & Tsui, 1986
Page 3 of 14
'Extent, Cost, and Strategies of Litigation', in Huang, Civil Justice in China: Representation
and Practice, pp.172-197
Reed, 'Money and Justice: Clerks, Runners, and the Magistrate’s Court in Late Imperial
Sichuan'
Reed, Talons and Teeth: County clerks and Runners in the Qing Dynasty,
W7, 25 Feburary, Confucian Family and Law
Required readings:
Ocko, 'Hierarchy and Harmony: Family Conflict as Seen in Ch'ing Legal Cases', in Liu eds.,
Orthodoxy, pp. 213-230
Maram Epstein, 'Making a Case: Characterizing the Filial Son,' in Hegel, Robert E. and
Katherine Carlitz ed. Writing and Law in Late Imperial China, pp. 27-43
Further readings:
Joanna Waley-Cohen, "Collective Responsibility in Qing Criminal Law" in Turner,
Feinerman and Guy, The Limits of the Rule of Law in China, pp. 112-131.
Kutcher, Norman, Mourning in Late Imperial China: Filial Piety and the State, Cambridge
University Press, 2006
 'Filial piety and Murder,' Register,4:20(15 Oct 1831)
 'Insane Parricide,' Register,5:5 (8 March 1835)
 'Execution' Register, 6:10 (15 July 1833)
Essay Questions for summative research essay available
4 March: RECESS WEEK
W8, 11 March, Gender and Crime
Required readings:
Chapter 5, 'Widows in the Qing Chastity Cult', in Sommer, Sex, Law and Society in Late
Imperial China, pp166-209
Ruskola, 'Law, Sexual Morality, and Gender Equality in Qing and Communist China',
Further readings:
Sommer, Sex, Law and Society in Late Imperial China
Bernhardt, Women and Property in China, 960-1949
Huang, Code, Custom, and Legal Practice in China: The Qing and the Republic Compared,
chapters 9 and 10, 'Women's Choices under Qing Law' and 'Women's Choices under
Guomindang Law', pp155-200.
Page 4 of 14
W9, 18 March, The Ming, and Qing Codes and their Translations
Required readings:
'Introduction', Jones, The Great Qing Code, pp. 1-28
St. André, 'But Do They Have a Notion of Justice?: Staunton's 1810 Translation of the
Great Qing Code'
'Introduction', Jiang, The Great Ming Code / Da Ming lu
Further readings:
Chapter 4, 'Formal Justice: Codified Law and Magisterial Adjudication in the Qing', in
Huang, Philip Civil Justice in China: Representation and Practice, pp76-109.
Farmer, Zhu Yuanzhang and Early Ming Legislation,
Jones, The Great Qing Code
chapter 1 and 3, 'Recreating China' and 'Creating the New Order,' in Farmer, Zhu
Yuanzhang and Early Ming Legislation, pp. 1-17, 37-47
Jiang, Yonglin, (trans.) The Great Ming Code / Da Ming lu, University of Washington Press,
2004
W10, 25 March, Murders in Canton Bay
Required readings:
Edwards, R. Randle, 'Ch'ing Legal Jurisdiction Over Foreigners', in Essays on China's
Legal Tradition', eds, Jerome Alan Cohen, R. Randle Edwards and Ru-mei Chang
Chen (Princeton, 1980), pp. 222-269.
Askew, Joseph, 'Re-Visiting New Territory: The Terranova Incident Re-Examined,' Asian
Studies Review 28:4 (2004).
Chen, Li, 'Law, Empire, and Historiography of Modern Sino-Western Relations: A Case
Study of the Lady Hughes Controversy in 1784," Law & History Review 27, No. 1
(Spring 2009), 1-53
Further readings:
Tuck, Patrick, 'Law and Disorder on the China Coast: The sailors of the Neptune and an
Affray at Canton, 1807' in British Ships in China Sea: 1700 to the Present Day, eds.
Richard Harding, Adrian Jarvis and Alston Kennerley, pp. 83-97
ONG, S. P. 'Jurisdictional Politics in Canton and the First English Translation of the Qing
Penal Code,' Journal of the Royal Asiatic Society of Great Britain & Ireland (Third
Series) / Volume 20 / Issue 02 / April 2010, pp 141-165
Chapter One, Keeton, G. W. The Development of Extraterritoriality in China, (2 Volumes),
New York: Howard Fertig, 1969
W11, 1 April, Extraterritoriality in the Later Qing
Required readings:
Chapter 1 and 2, Cassel, Pär Grounds of Judgment: Extraterritoriality and Imperial Power
in Nineteenth Century China and Japan
Page 5 of 14
Further readings:
Cassel, Pär Grounds of Judgment: Extraterritoriality and Imperial Power in Nineteenth
Century China and Japan
Keeton, G. W. The Development of Extraterritoriality in China, (2 Volumes), New York:
Howard Fertig, 1969
K. C. Chan, "The Abrogation of British Extraterritoriality in China 1942-43: A Study of
Anglo-American-Chinese Relations," Modern Asian Studies 11, no. 2 (1977): 257-91;
W12, 8 April, Chinese immigrants and crimes /Law
AUERBACH, S., 2013. 'Margaret Tart, Lao She, and the opium-master's wife: race and class among
Chinese commercial immigrants in London and Australia, 1866–1929 ', Comparative Studies in
Society and History. 55(1), (35-64)
AUERBACH, S., 2009. Race, law, and "the Chinese puzzle" in imperial Britain (Palgrave
Macmillan. )
Hooker, M. Barry, ed. Law and the Chinese in Southeast Asia. Singapore: Institute of Southeast
Asian Studeis, 2002
(Also Chinese in America /Australia / were not allowed to bring white man to court and other legal
restrictions. )
HK and Singapore
HK multiply wife law
W13, 15 April, Conclusion and Revision
Required readings:
Chapter 9, 'Max Weber and the Qing Legal and Political System,' in Huang, Philip Civil
Justice in China: Representation and Practice, Stanford University Press, 1 Jul, 1998,
pp223-236
 Please go through your own notes to families what we have learnt
22 April, noon time, 3000 word summative research essay due
ASSESSMENT, FURTHER DETAILS
(1) Group and individual research and presentation, 35% (15% group grade; 20% individual
grade (10% peer grading within group; 10 % instructor grading))
Students will be assigned to a group and the group will stay together as a team leaning together
throughout the course. As a group the most important project is to do a group presentation to the
class on an assigned topic. Each student will have a group grade (20%) and an individual grade
(10%), emphasizing on both team work and individual contributions. The group presentation should
complete comprehensive literature review, develop a research question, and present their research
to the class. It is expected that students present their ideas in a coherent and appealing manner.
Page 6 of 14
Assessment criteria include clear and succinct articulation of the research results, the background
to the research issue, the objective of the research effort, and the major findings.
(2) Group documentary making 10-15 minutes
35% (15% group grade; 20% individual grade (15% peer grading within group; 5 %
instructor grading)---two rounds of showing and grading.
Given that video technology is widely available and students are using it for their
presentation and daily live; also documentary is an important media in the spread of
historical knowledge, we will make a short film to explore the learning experience!
Students will stay in the same group as the presentation group to make a 5-10 minutes
documentary on a given topic. This is a third way of presentation, in addition to written form
and oral presentation. This will make students think about Chinese history, and think
historically. The documentary will be premiered to the class for peer-review between week
6 and 12, before final revision and resubmission for peer-assessment in week 13.
(3) Citizenship (class participation: attendance and discussion) 10%
Students must read assigned articles and book chapters. In each seminar a group will be assigned
to summarize and evaluate the readings. For the rest of the class, they will demonstrate their
understanding during discussion. Point award system will be used during discussion to encourage
participation.
(4) One research essay (3000-word) 20%
—due on 20 November noon
Class participation and discussion (40%)
Final research essay (30%)
The final research essay should be a piece of writing that demonstrates each student learning
outcomes. The most important criterion is to critically reflect on the issues, question, debates,
controversies that have been raised in the class. Essay structure, literature review, writing
coherence, arguments, and clarity are all important parts of the essay.
Group documentary film making
20 % towards your final mark (The same mark for a group), 5-10 minutes
Given that video technology is widely available and students are using it for their
presentation and daily live; also documentary is an important media in the spread of
historical knowledge, we will make a short film to explore the learning experience!
Students will stay in the same group as the presentation group to make a 5-10 minutes
documentary on a given topic. This is a third way of presentation, in addition to written form
and oral presentation. This will make students think about Chinese history, and think
historically. The documentary will be premiered to the class for peer-review between week
6 and 12, before final revision and resubmission for peer-assessment in week 13.
Page 7 of 14
Grading system for documentary film
Organisation (30%)
 is there a strong introduction?
 does the narrative structure make sense?
Analysis (20%)
 ability to answer the ‘so what?’ question
 coherent central argument
 Ability to synthesise material
 ability to marshal the evidence to prove a point
Use of sources (20%)
 does the students engage a wide variety of sources?
 does the students use sources with critical thinking?
Style and creativity of presentation (30%)
 is there something extra that make the short film outstanding?
Grading System for Group Research and Presentation
The group will be graded according to following criteria:
Organisation of presentation (20%)
 is there a strong introduction containing a clear statement of purpose?
 are there statements defining the parameters of the presentation?
 are the arguments properly structured and arranged?
Analysis (30%)
 ability to answer the ‘so what?’ question
 coherent central argument
 Ability to synthesise material
 command of the literature
 ability to marshal the evidence to prove a point
Use of sources (20%)
 does the students engage a wide variety of sources?
 does the students use sources with critical thinking?
Group synergy (15%)
 test of group cooperation and the ability to work together with each other
Style and creativity of presentation (15%)
 is there something extra that make the group outstanding?
THE RESEARCH PAPER
Plagiarism in writing research papers
It is important that all unacknowledged material in essay is your own work. The University
has strict rules relating to plagiarism that may result in disciplinary procedures. Remember
Page 8 of 14
that copying or using any part of another student’s essay or written work also falls within
the definition of plagiarism.
Exact texts cited from other’s works and placed in your paper must be put within quotation
marks. Otherwise, paraphrase. The sources of both quotations and paraphrasing have
to be properly noted. On how to cite properly, please see the section on ‘style’ below.
How to paraphrase:
‘Paraphrase 1’ below will be deemed as plagiarism;
‘Paraphrase 2’ is an example of proper paraphrasing.
Original text
Wilson took personal responsibility for the conduct of the important diplomacy of the United
States chiefly because he believed that it was wise, right, and necessary for him to do so.
Believing as he did that the people had temporarily vested their sovereignty in foreign
affairs in him, he could not delegate responsibility in this field to any individual. His
scholarly training and self-disciplined habits of work made him so much more efficient than
his advisers that he must have thought that the most economical way of doing important
diplomatic business was for him to do it himself. Experience in dealing with subordinates
who sometimes tried to defeat his purposes also led him to conclude that it was the safest
method, for he, and not his subordinates, bore the responsibility to the American people
and to history for the consequences of his policies.
Paraphrase 1 (Plagiarism)
Wilson took personal responsibility for conducting diplomacy because he believed it was
right for him to do so. Believing that the people had vested their sovereignty in foreign
affairs in him, he could not delegate this responsibility. His scholarly training and selfdiscipline made him more efficient than his advisers. He thought that the most economical
way of doing important diplomatic business was to do it himself. Experience in dealing with
subordinates who sometimes tried to defeat his purposes led him to conclude that it was
the safest method because he bore responsibility to the American people for the
consequences.
Paraphrase 2 (Not plagiarism)
Wilson felt personally responsible for major diplomacy, because he believed that the voters
had entrusted him with such matters. He was more capable than his advisers in this area.
He, and not his advisers, was responsible to the people.
Penalties for late submission
There will be penalties for late submission of 5% per day unless there are approved
medical or other certificated reasons explaining the delay. Please ensure that the instructor
is aware of these circumstances as soon as possible. Students failing to submit an
assignment will be denied their credit points for this course.
Page 9 of 14
Extensions
In exceptional circumstances extensions may be granted for individual students, but only
for students who ask BEFORE the essay submission date.
Word Limit
You are required to provide a word count on the front page of your paper. Students failing
to include a word count will automatically incur a 2% penalty, as will students falsifying their
word count. The word count excludes notes, appendices and the reference list.
The following penalties will also be levied for essays that do not adhere to the word limits:
Words over and under length
0-200
201-500
501-1000
1001-2000
2000 plus
Penalty
1% off original mark
2% off original mark
4% off original mark
5% off original mark
10% off original mark
Factors taken into account
In grading assignments the following factors will be taken into account by markers:
 The relevance of the answer to the question set;
 A clear introduction, the ability to structure an argument clearly and a conclusion;
 Critical analysis;
 The use of relevant reading;
 The recognition, where appropriate, of different perspectives;
 The avoidance of sexist, racist, xenophobic, homophobic, and ageist language;
 Grammar, style and presentation, including accurate acknowledgement of sources.
Grading System for research paper
Your papers of research and exam will be graded according to following criteria:
Organisation (20%)
 is there a strong introduction containing a clear statement of purpose?
 are there statements defining the parameters of the essay?
 are the arguments properly structured and arranged?
Analysis (40%)
 ability to answer the ‘so what?’ question
 coherent central argument
 Ability to synthesise material
 command of the literature
 ability to marshal the evidence to prove a point
Writing/Grammar (20%)
 test of writing skills; choice of words; ability to convey complex ideas
Use of sources (20%)
 does the student engage a wide variety of sources?
 does the student use sources with critical thinking?
Page 10 of 14
Style
Research papers must follow these guidelines:
 typed; NO need to be double-spaced
 must be within the word limits
 footnotes must follow the Chicago Manual of Style ; if not, you grade on the 20% of '
use of sources' will be low:
http://www.chicagomanualofstyle.org/tools_citationguide.html

MARKS WILL BE DEDUCTED FOR INCORRECT REFERENCING.
BIBLIOGRAPY:
Ming and Qing Legal History
Alford, William P. 'Of Arsenic and Old Laws: Looking Anew at Criminal Justice in Late Imperial
China,' California Law Review 72:6 (1984), 1180-1256.
Allee, Mark, Law and Local Society in Late Imperial China, Northern Taiwan in the Nineteenth
Century, (Stanford, 1994);
Asen, Daniel, 'Vital Spots, Mortal Wounds, and Forensic Practice: Finding Cause of Death in
Nineteenth-Century China' East Asian Science, Technology and Society: an International
Journal (2009) 3:453–474
Asen, Daniel. 'Dead Bodies and Forensic Science : Cultures of Expertise in China, 1800-1949.'
Ph.D. diss., Columbia University, 2012.
Bailey, Alison. “Reading Between the Lines: The Representation and Containment of Disorder in
Late Ming and Early Qing Legal Texts.” Ming Studies 59 (May 2009):56-86.
Bernhardt, Kathryn, Women and Property in China, 960-1949, pp. 39-46; 62-72; 168-78
Bernhardt, Kathryn, and Philio Huang, Civil law in Qing and Republican China (Stanford, 1994).
Bodde, Derk and Clarence Morris (eds.), Law in Imperial China, Exemplified by 190 Ch’ing Dynasty
Cases, Translated from the Hsing-an hui-lan with Historical, Social, and Juridical
Commentaries (Cambridge, Mass., 1967)
Bourgon, Jerome “Uncivil Dialogue: Law and Custom did not Merge into Civil Law under the Qing”
Late Imperial China 23.1 (June 2002): 50-90.
Brook, Timothy Jérôme Bourgon, Gregory Blue, Death by a Thousand Cuts, Harvard University
Press, 2008
Cassel, Pär Grounds of Judgment: Extraterritoriality and Imperial Power in Nineteenth Century
China and Japan Oxford University Press, 2012,
Chang Wejen, "Legal Education in Ch'ing China", pp. 292-321 in Benjamin Elman and Alexander
Woodside, eds. Education and Society in Late Imperial China, 1600-1900
Chen Li. “Legal Specialists and Judicial Administration in Late Imperial China, 1651-1911.” Late
Imperial China 33 (June 2012):1-54
Chen, Li, 'Law, Empire, and Historiography of Modern Sino-Western Relations: A Case Study of the
Lady Hughes Controversy in 1784," Law & History Review 27, No. 1 (Spring 2009), 1-53
Cheng & Tsui, 'Magistrate T'eng and the Case of Inheritance', pp. 485-501 in Ma and Joseph S. M.
Lau, Lau, eds., Traditional Chinese Stories: Themes and Variations, 1986, pp485-502
Djang Chu, tr. A Complete Book Concerning Happiness and Benevolence : a Manual for Local
Magistrates in Seventeenth-Century China. Tucson : University of Arizona press, 1984
Epstein, Maram 'Making a Case: Characterizing the Filial Son,' in Hegel, Robert E. and Katherine
Carlitz ed. Writing and Law in Late Imperial China, pp 27-43
Farmer, Edward L. Zhu Yuanzhang and Early Ming Legislation: The Reordering of Chinese Society
Following the Era of Mongol Rule (New York: E. J. Brill Academic Publishers, 1995).
Foucault, Discipline and Punishment, Vintage Books; 2nd edition, 1995.
Page 11 of 14
Furth, C., J. Zeitlin & P. Hsiung (Eds.), Thinking with cases: Specialist knowledge in
Chinese cultural history. Honolulu: University of Hawaii Press.
Gabbiani Luca, INSANITY AND PARRICIDE IN LATE IMPERIAL CHINA (EIGHTEENTH–
TWENTIETH CENTURIES) International Journal of Asian Studies / Volume 10 / Issue 02 /
July 2013, pp 115-141
Gardella, Robert 'Contracting Business Partnerships in Late Qing and Republican China:
Paradigms and Patterns', in Zelin, Madeleine Jonathan K. Ocko, and Robert Gardella, ed.
Contract and Property in Early Modern China, Stanford University Press, 2004
van Gulik, Robert. Celebrated Cases of Judge Dee (Dee Goong An), Dover Publications, 1976
Hegel, Robert E. 'The Art of Persuasion in Literature and Law', in Hegel, Robert E. and Katherine
Carlitz ed. Writing and Law in Late Imperial China, pp 81-106
Hegel, Robert E. 2009. True Crimes in Eighteenth-Century China: Twenty Case Histories.
Hegel, Robert E., and Katherine Carlitz. 2009. Writing and Law in Late Imperial China: Crime,
Conflict, and Judgment.
Huang Liuhung, Fuhui ch'üan-shu: A Complete Book Concerning Happiness and Benevolence,
University of Arizona Press, 1984, pp. 448-454
Huang, Philip Civil Justice in China: Representation and Practice, Stanford University Press, 1 Jul,
1998
Huang, Philip Code, Custom, and Legal Practice in China: The Qing and the Republic Compared
(Stanford,2001)
Jiang, Yonglin, (trans.) The Great Ming Code / Da Ming lu, University of Washington Press,
2004
Jones, William C. The Great Qing Code (New York: Oxford University Press, 1994)
Katz, Paul R., Divine Justice: Religion and the Development of Chinese Legal Culture, Routledge,
2009
Kuhn, Philip A. 1990. Soulstealers: The Chinese Sorcery Scare of 1768.
Mah, N. Wing, 'Foreign Jurisdiction in China' American Journal of International Law, 18:4 (1924),
676-95
Macauley, Melissa Social Power & Legal Culture: Litigation Masters in Late Imperial China,
(Stanford, 1998);
Melissa A. Macauley, “Civil and Uncivil Disputes in Southeast Coastal China, 1723-1820,” pp. 85121, in Civil Law in Qing and Republican China.
Moore, Sally Falk eds., Law and Anthropology: A Reader, Oxford, Blackwell, 2005
Neighbors, Jennifer M. "Criminal Intent and Homicide Law in Qing and Republican China" (Ph.D
diss., University of California at Los Angeles, 2004).
Neighbors, Jennifer M, 'The Long Arm of Qing Law? Qing Dynasty Homicide Rulings in Republican
Courts' Modern China (2009), 35:1, 3-37
Ocko, Jonathan 'Hierarchy and Harmony: Family Conflict as Seen in Ch'ing Legal Cases', pp. 212230 in Liu, Kwang-Ching ed. Orthodoxy in Late Imperial China (Berkeley: University of
California Press, 1990),
Ocko, Jonathan 'I'll Take It All the Way to Beijing: Capital Appeals in the Qing' Journal of Asian
Studies, Vol. 47, No. 2. (May, 1988), pp. 291-315
Osborne, Anne, 'Property, Taxes, and State Protection of Rights', in Zelin, Madeleine Jonathan K.
Ocko, and Robert Gardella, ed. Contract and Property in Early Modern China, Stanford
University Press, 2004
Pu Songling, Strange Stories from a Chinese Studio, trans, Sidney L. Sondergard, Jain Pub Co,
2008
Randle, Edwards, R. 'Ch'ing Legal Jurisdiction Over Foreigners', in Essays on China's Legal
Tradition', eds, Jerome Alan Cohen, R. Randle Edwards and Ru-mei Chang Chen (Princeton,
1980), pp. 222-269.
Page 12 of 14
Reed, Bradly W., “Money and Justice: Clerks, Runners, and the Magistrate’s Court in Late Imperial
Sichuan.” Modern China 21(3), pp.345-382
Reed, Talons and Teeth: County clerks and Runners in the Qing Dynasty, pp. 200-245, Stanford
University Press, 2000
Ruskola, Teemu, 'Moral Choice in the Confucian Analects: A Way Without a Crossroads?', 19
JOURNAL OF CHINESE PHILOSOPHY 285 (1992).
Ruskola, Teemu, 'Law, Sexual Morality, and Gender Equality in Qing and Communist China', 103
YALE LAW JOURNAL 2531 (1994).
Schulte, John Kindel The Terranova Case: Its Effect on American Extraterritoriality in China, Thesis
(Ph.D.)-- ,University of Colorado, 1941
Spence, Jonathan D. 1998. The Death of Woman Wang.
Sprenkel, Sybille van der, Legal Institutions in Manchu China: A Sociological Analysis. Monographs
on Social Anthropology no. 24. London: Athlone Press, 1966.
Sprenkel, Sybille van der Legal Institutions of Manchu China (London: University of London,
Athlone Press, 1962) 127;
Sommer, Matthew, Sex, Law and Society in Later Imperial China (Stanford: Stanford UP, 2000)
St. André. James, 2004. 'But Do They Have a Notion of Justice?: Staunton's 1810 Translation of
the Great Qing Code.' The Translator: Volume 10, Number 1: 1-31 (Do I have a copy of it
given by James
Tuck, Patrick, 'Law and Disorder on the China Coast: The sailors of the Neptune and an Affray at
Canton, 1807' in British Ships in China Sea: 1700 to the Present Day, Eds. Richard Harding,
Adrian Jarvis and Alston Kennerley (Liverpool, 2004), pp. 83-97, 2000
Turner, Feinerman, Guy, The Limits of the Rule of Law in China, University of Washington Press,
Wang, David Der-Wei, The Monster That Is History: History, Violence, and Fictional Writing in
Twentieth-Century China, Berkeley: University of California Press, 2004
Waley-Cohen, Joanna, "Collective Responsibility in Qing Criminal Law" in Turner, Feinerman and
Guy, The Limits of the Rule of Law in China, pp. 112-131
Will, Pierre- ´ Etienne “The 1744 Annual Audits of Magistrate Activity and their Fate”, Late Imperial
China, Vol. 1, No. 2 (December 1997), pp. 1–50.
Wood, Herbert John, 1905- , Prologue to war : Anglo-Chinese conflict 1800-1834 , Publication Info,
Format: Manuscripts, Theses ; Publication info: 1938. ; Physical details: 2 v. (iii, 471, xxv
leaves) : ill. ; 29 cm. ;
OCLC: ocm53925014 ; Notes Typescript. ; Thesis (Ph.D.)-University of Wisconsin--Madison, 1938. ; Includes bibliographical references (leaves [XVIII]XXV) , pp, 222—229, p236-239, p. 370,
Zeng Qing. 'Pursuing Perfection: Formation of the Qing Code.' Modern China 21:3(1995), 31044Zelin, Madeleine Jonathan K. Ocko, and Robert Gardella, ed. Contract and Property in
Early Modern China, Stanford University Press, 2004
Zelin, Madeleine “Managing Multiple Ownership at the Zigong Salt Yard” in Zelin, Madeleine
Jonathan K. Ocko, and Robert Gardella, ed. Contract and Property in Early Modern China,
Stanford University Press, 2004
Legal History before the Ming
Ch'en, Paul Heng-Chao, Chinese Legal Tradition under the Mongols: The Code of 1291 as
Reconstructed (Princeton, NJ, Princeton UP, 1979)
Klaus Mühlhahn, Criminal Justice in China: A History Harvard University Press, 2009
Liang Zhiping, “Explicating ‘Law’: A Comparative Perspective of Chinese and Western Legal
Culture” Journal of Chinese Law 3 (1988):55-91
Peerenboom, Randall P. China’s Long March Toward Rule of Law, Cambridge University Press,
2002
Dao-lin Hsu, "Crime and Cosmic Order," Harvard Journal of Asiatic Studies 30 (1970): 111-25
Page 13 of 14
Theory and comparative perspective
King Peter, Crime, Justice, and Discretion in England 1740-1820 (Oxford: Oxford University Press,
2000).
Keene, Edward, Beyond the Anarchical Society: Grotius, Colonialism and Order in World Politics
(Cambridge, 2002).
Benton, Lauren, 2002, Law and Colonial Cultures: Legal Regimes in World History, 1400-1900,
Cambridge, Cambridge UP, Benton, Lauren, A Search for Sovereignty: Law and Geography
in European Empires, 1400-1900. Cambridge University Press (2010).
Bernard Cohn, Colonialism and its Forms of Knowledge: the British in India (Princeton, 1996),
Keene, Edward Beyond the Anarchical Society: Grotius, Colonialism and Order in World Politics
(Cambridge, 2002).
Merry, Sally Engle. 'Law and Colonialism' in Law and Society Review 25:4 (1991), 889-922/ Pospisil,
Leopold J. Anthropology of Law: A Comparative Theory. New York: Harper & Row, 1971.
Rabitoy, Neil "Legal Despotism and the Imperial Mind," Indo-British Review 6, nos. 3 and 4 (1977):
32-44
Benton, Lauren, Legal Pluralism and Empires, 1500-1900, Lauren Benton and Richard Ross, eds.
New York University Press (forthcoming).
Griffiths, John, 'What is Legal Pluralism?' Journal of Legal Pluralism and Unofficial Law 24 (1986),
1-50.
Hooker, M. Barry, ed. Legal Pluralism: An Introduction to colonial and New-colonial Laws. Oxford:
Clarendon Press, 1975.
Page 14 of 14