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Heaven Has Eyes Xiaoqun Xu (Professor of History, Professor of History, Christopher Newport University)

Heaven Has Eyes By Xiaoqun Xu (Professor of History, Professor of History, Christopher Newport University)

Summary

In Heaven Has Eyes, Xiaoqun Xu provides a comprehensive yet concise history of Chinese law and justice from the imperial era to the post-Mao era. Xu addresses the evolution and function of law codes and judicial practices throughout China's long history, and examines the transition from traditional laws and practices to modern ones in the twentieth century.

Heaven Has Eyes Summary

Heaven Has Eyes: Law and Justice in Chinese History by Xiaoqun Xu (Professor of History, Professor of History, Christopher Newport University)

Heaven Has Eyes is a comprehensive but concise history of Chinese law and justice from the imperial era to the post-Mao era. Never before has a single book treated the traditional Chinese law and judicial practices and their modern counterparts as a coherent history, addressing both criminal and civil justice. This book fills this void. Xiaoqun Xu addresses the evolution and function of law codes and judicial practices throughout China's long history, and examines the transition from traditional laws and practices to modern ones in the twentieth century. To the Chinese of the imperial era, justice was an alignment of heavenly reason (tianli), state law (guofa), and human relations (renqing). Such a conception did not change until the turn of the twentieth century, when Western-derived notions-natural rights, legal equality, the rule of law, judicial independence, and due process--came to replace the Confucian moral code of right and wrong. The legal-judicial reform agendas that emerged in the beginning of the twentieth century (and are still ongoing today) stemmed from this change in Chinese moral and legal thinking, but to materialize the said principles in everyday practices is a very different order of things, and the past century was fraught with legal dramas and tragedies. Heaven Has Eyes lays out how and why that is the case.

Heaven Has Eyes Reviews

This book represents a highly original undertaking, beneficial to both students and scholars of China ... If the span of time Heaven Has Eyes covers is comprehensive, attesting to Xu's unrivaled expertise on the subject, so is its content, which includes many specific and intriguing details ... This is a tour de force. * Q. E. Wang, CHOICE *
Chinese legal history is rapidly gaining prominence in Western academic circles, with more and more people recognizing its immense importance to understanding both Chinese history and contemporary Chinese legal development. Heaven Has Eyes is an important, highly useful, and well-composed overview of Chinese legal history that could provide a unifying theme around which future debates could take place. * Taisu Zhang, Professor of Law, Yale Law School *
This is a sweeping study of Chinese law from the inception of the imperial state to the present day that admirably covers important trends and change over time, enriched by well-chosen examples of law in operation. Accessible and yet scholarly, the book provides an even-handed, historical framework for understanding some of the most controversial issues facing China today. Comparative insights move the book beyond China studies to the larger discourse about law and empire. * Karen Gottschang Turner, Editor, The Limits of the Rule of Law in China; Research Fellow, East Asian Legal Studies, Harvard Law School *
Based on rich and solid documents, Heaven Has Eyes offers a systematic account of Chinese legal history and the recent transformation of the Chinese legal system. Xiaoqun Xu perceptively grasps the essence of the Chinese legal culture and practices in the traditional period and illustrates a vibrant process in which the ancient concepts of legal justice interacted with newly imported legal ideas and jurisprudence in the twentieth century and continues to do so today. This valuable book benefits everyone who wants to learn about China and its legal culture. * Xiaoping Cong, Professor of History, University of Houston, author of Marriage, Law and Gender in Revolutionary China, 1940-1960 *

About Xiaoqun Xu (Professor of History, Professor of History, Christopher Newport University)

Xiaoqun Xu is Professor of History at Christopher Newport University.

Table of Contents

Introduction: Law and Justice in Chinese History Part One: Law and Justice in Imperial China, 221 BEC-1911 CE Chapter 1: Five Punishments and Beyond: The Evolution of Penal Codes in Imperial China Chapter 2: From the Imperial Capital to the Magistrate's Court: Judicial Practices in Imperial China Chapter 3: The Emperor, the Family, and the Land: Law and Order in Imperial China Part Two: Law and Justice in Late Qing and Republican China, 1901-1949 Chapter 4: The Best of the Chinese and of the Western: Legal-Judicial Reform in the Late Qing, 1901-1911 Chapter 5: The Rule of Law, Judicial Independence, and Due Process: Ideals and Realities in the Republican Era, 1912-1949 Chapter 6: Bandits, Collaborators, and Wives/Concubines: Criminal and Civil Justice in the Republican Era, 1912-1949 Part Three: Law and Justice in Maoist China, 1949-1976 Chapter 7: Contradictions between the People and the Enemy: Criminal Justice as the Proletarian Dictatorship Chapter 8: Contradictions among the People: Mediation and Adjudication of Civil Disputes Part Four: Law and Justice in Post-Mao China, 1977-2018 Chapter 9: The Legal System and the Rule of Law: Changes in Criminal Justice, 1977-1996 Chapter 10: Naked Officials and Heavenly Net: Changes in Criminal Justice, 1997-2018 Chapter 11: Look toward Money: Civil Justice in Post-Mao China, 1977-2018 Conclusion: Heaven Has Eyes Chronology of Chinese History Chinese Character List Notes Selected Bibliography Index

Additional information

NPB9780190060046
9780190060046
0190060042
Heaven Has Eyes: Law and Justice in Chinese History by Xiaoqun Xu (Professor of History, Professor of History, Christopher Newport University)
New
Hardback
Oxford University Press Inc
2020-12-11
376
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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