Civil Laws and Civil Justice in Early China

摘要: Author(s): Zhang, Zhaoyang | Advisor(s): Nylan, Michael Abstract: Civil laws and civil justice in early China have not received sufficient scholarly attention, because scholars tend to assume that pre-modern were merely criminal promulgated enforced maintain public order. This dissertation challenges view by analyzing excavated evidence reexamining transmitted evidence.Chapter One establishes the existence of examining non-criminal case reports preserved Juyan strips assessing role district bailiffs handling disputes. Chapter Two further demonstrates reveals system studying domestic statutes how two cases inheritance disputes Comprehensive Discussion Customs (Fengsu tongyi, comp. ca. 200) illustrate application these statutes. Three examines important legal concepts: zhi (a straight account facts) mingfen (title portion) reveal underlining notions uniformly guided laws. Four, concluding chapter, goes beyond boundaries address larger issues, such as ideal reforming people's morals reduce lawsuits, relationship between rituals laws, Classics a source authority litigations. Overall, I conclude existed China; this distinctive body while systematically codified, substantial, sophisticated, empire-wide authority.