Rachel G. Fuchs in the Judicial Archives

2018 ◽  
Vol 30 (2) ◽  
pp. 176-180
Author(s):  
Andrea Mansker
Keyword(s):  
Rural China ◽  
2014 ◽  
Vol 11 (1) ◽  
pp. 156-187 ◽  

Abstract Based on the judicial archives of Li Town, Hebei Province, from the 1990s to the present, and six re-investigations of Houjiaying village, one of the six villages that the Japanese Mantetsu researchers studied in the 1930’s and 1940’s, this article uses the testamentary instruments and fieldwork research to show how intestate succession was gradually formed through the intertwined relationship between property and old-age support in contemporary rural North China. Testamentary instruments indicate the parental rights to dispose of their property and the questions-and-answers interview files reveal the old-age maintenance considerations that lie behind the provisions of the testaments. The fieldwork material plays a key role in connecting these two aspects by providing necessary background and relevant facts. This new empirical finding further confirms that old-age support is always considered a prerequisite to property succession. Testamentary succession differs from traditional modes of disposing of property and of succession in Qing and Republican China, but merges well property inheritance with concerns for the maintenance of the elderly. Although the law had undergone tremendous changes along with political and economic change, the tightly intertwined relationship between property inheritance and old-age support remains unaltered on the whole. Neither the simple continuation of traditional succession forms, nor the newly introduced modern concept of “individual property rights” can provide an explanation for this persistent relationship between property inheritance and old-age support. (This article is in Chinese.) 摘要 本文利用河北省李镇20世纪90年代至今的司法所档案,及对《惯调》所载的其中一个村庄——侯家营村——的六次回访调查. 借助档案中的遗嘱文书、问答记录和田野材料,考察了遗嘱继承在当代华北乡村的逐渐生成,以及遗嘱-赡养的结合. 遗嘱文书显现出来了父母对财产自由处分的形成,而问答记录恰好提供了审视遗嘱生成背后的赡养问题,田野材料则为两者的连接提供了背景材料和相关事实,显示了遗嘱(财产自由处分)-赡养的相互勾连这一全新的经验事实,遗嘱-赡养的结合又进一步证实了村民普遍将赡养作为财产继承的前提. 遗嘱代表着不同于清代和民国时期乡村财产的处分和继承形式,但是它却与赡养极好地结合了在一起. 民国至今,伴随着政治经济的变迁,法律也发生了巨大的变化, 但在财产继承上不变的是,财产和赡养的紧密缠绕关系. 这既不能为继承习惯延续一说所概括,也不能被现代的“个人财产权”所解释. 至于其未来变化的趋势,还有待于材料的进一步挖掘和持续的观察.


Hawwa ◽  
2019 ◽  
Vol 17 (2-3) ◽  
pp. 257-280
Author(s):  
Hayri Gökşin Özkoray

Abstract This article deals with offences and crimes against female slaves, and those committed by female slaves, in Ottoman Istanbul (sixteenth-seventeeth centuries). Its main sources are imperial legislation and court records of the imperial capital, Istanbul, and its suburbs. Judicial archives remain the chief sources of early modern Ottoman historiography on gender. This contribution tackles slavery’s specificities regarding women, without ignoring the parallels with their male counterparts in the Ottoman Empire. By considering women as both objects and agents of legal violations and acts of violence, I simultaneously deal with the rights of slaveholders and slaves. Violations of these rights varied depending on the identity and juridical status of their authors, and were handled accordingly by the justice system. Thus, I consider violations committed by owners against their slaves, by slaves against their owners, and by third parties against the slaves of others. The rights and mutual obligations of masters and slaves were strictly defined in Ottoman law, although the judicial authorities upheld the preservation of private property above all. They dedicated themselves to fighting against the slightest doubt over masters’ quasi-absolute authority over their human possessions, whose unconditional obedience was required. Female slaves, in order to affirm their rights, had to provide irrefutable written proof or trustworthy verbal testimonies at the kadi courts.


2021 ◽  
Author(s):  
Qiang Fang

Drawing on hundreds of newly released judicial archives and court cases, this book analyzes the communist judicial system in China from its founding period to the death of Mao Zedong. It argues that the communist judicial system was built when the CCP was engaged in a life-or-death struggle with the GMD, meaning that the overriding aim of the judicial system was, from the outset, to safeguard the Party against both internal and external adversaries. This fundamental insecurity and perennial fear of loss of power obsessed the Party throughout the era of Mao and beyond, prompting it to launch numerous political campaigns, which forced communist judicial cadres to choose between upholding basic legal norms and maintaining Party order. In doing all of this, The Communist Judicial System in China, 1927-1976: Building on Fear fills a major lacuna in our understanding of communist-era China.


2018 ◽  
Vol 59 (1) ◽  
pp. 39-61 ◽  
Author(s):  
Laurence Fontaine

AbstractIn a status society, such as early modern Europe, the development of the market economy threatened social hierarchies. At a time when religion was the source of power, priests and warriors strove to protect themselves from what was a foreseeable attack going to the very root of their domination, which was jeopardized by the potentialities of the capitalist economy. They therefore developed religious, legal and moral tools to counter capital accumulation and interest-bearing loans in order to break the motor of capitalism. Avarice, one of the Seven Deadly Sins, and usury, which was punished by excommunication, were the moral weapons used to exclude those from the community who hoarded money or who charged, however little, interest on loans. But whereas greed, the disease of market exchange, was considered one of the Seven Deadly Sins, prodigality, which lies at the heart of aristocratic exchange, was considered one of the Seven Heavenly Virtues. Contemporary theatre, with its misers and spendthrifts, is a perfect place to hear echoes of the struggles between the antagonistic values in society, and to follow the way in which individuals reacted to the conflicts that these struggles provoked.The essay is based on literary works reflecting behaviors that could also be echoed in judicial archives and in texts from writers of the time. It analyses plays from Shakespeare (Timon of Athens, The Merchant of Venice), Ben Jonson (Volpone) and Molière (The Miser).


2021 ◽  
Author(s):  
Alessandro Silvestri

AbstractIn the last twenty years, anthropologists, archivists, and historians have dedicated increased attention to the study of archives as objects of research themselves. In so doing, scholars have predominantly examined the emergence and transformations of archives during the early modern age, focusing mostly on political and diplomatic depositories. They have tended to neglect financial archives, which is unfortunate, as—alongside judicial archives—they were probably the largest documentary repositories of the pre-modern world and those that first faced the problem of managing huge masses of documentation. This article discusses the formation and development of the Kingdom of Sicily’s financial archives in the later Middle Ages, arguing that this repository evolved into a collecting archive by the early fifteenth-century, when it preserved not only the records and accounts produced by the central financial administration, but also those from a number of territorial officers and magistracies. This archival turn, I suggest, originated from the fact that the Crown of Aragon’s rulers constantly needed increased incomes to fund bureaucracies and warfare and exercise patronage, and thus needed financial information organized, at hand, and under their control. After briefly discussing the emergence of the financial archive in the thirteenth-century, this essay traces the Crown’s attempts to create a stable repository for storing financial records and accounts and its continuous struggles to prevent documentation from being scattered and dispersed. Finally, it examines the successful strategy that King Alfonso V of Aragon (1416–58), called the Magnanimous, pursued to organize financial documentation and concentrate records and accounts produced by financial administration into a stable building. The essay pays particular attention to the material aspects of preserving records, e.g., the restoration of buildings, construction of chests, and preparation of secure locks that were integral to the emergence of collecting archives for financial documents in the later Middle Ages.


1960 ◽  
Vol 42 (2) ◽  
pp. 205-208
Author(s):  
Granville Arthur Waldron ◽  
Samuel Whiting ◽  
Abel Stearns ◽  
Jesus Guirado ◽  
Manuel Garfias ◽  
...  

Rural China ◽  
2013 ◽  
Vol 10 (2) ◽  
pp. 221-257

Abstract Based on the judicial archives of the Shaan-Gan-Ning Border Region, this article examines the Border Region’s divorce law practice in the context of the Chinese Communist revolution. Despite the retreat of the Chinese Communist Party (CCP) from its radical approach to divorce during the Yan’an period, women were encouraged by various changes introduced by the revolution to exercise the right to divorce, and their failure or success in divorce litigation was closely associated with their respective positions or statuses as defined in connection with the revolution. On the other side, male peasants, the major social force of the revolution, experienced a downward movement in the marriage market, and their encounter with gongjiaren in divorce litigation revealed the gap between the ideal of marriage as anticipated by lawmakers and the marriage market in reality. To a large extent, this tension contributed to the development of a mediation-focused judicial system, which would deeply influence the civil justice system of the People’s Republic of China. (This article is in English.) 摘要 本文利用陕甘宁边区的司法档案,在中国共产党革命的背景下考察陕甘宁边区的离婚法实践。尽管边区的婚姻立法已从苏维埃时期完全支持离婚的激进立场撤退,但革命带来的各种现实变化,尤其是对个人身份的重塑,仍然激励妇女积极地行使离婚的权利,而她们在革命中所处的位置或身份对于她们在离婚诉讼中权利的实现有重大关联。另一方面,作为革命主要社会力量的男性农民在婚姻市场上经历了下滑, 他们和公家人在离婚诉讼中的对抗清楚地显示了立法者预期的婚姻理想和现实的婚姻市场之间的紧张关系。对此法官们创造性地摸索出一套以调解为主要手段的司法技术,对于中华人民共和国的民事法律制度有根本性的影响。


Rural China ◽  
2016 ◽  
Vol 13 (1) ◽  
pp. 103-130

Based on the civil judicial archives of Changli county, Hebei, from 1949 to 1976, the judicial archives of the town of Li (Lizhen), Changli county, from 1992 to 2014, and seven re-investigations of Houjiaying village, which had been surveyed by Japanese Mantetsu researchers in the 1930s and 1940s, this article examines the changing patterns of property inheritance and old-age support of peasant families with only daughters in rural North China from 1949 to 2014, focusing on how the practice of inheritance rights for daughters was gradually formed by the rigid enforcement of the one-child policy and the promulgation of the 1985 Law of Succession. The proportion of peasant families with only daughters has rapidly risen from 15 percent to 20–30 percent due to the enforcement of one-child policy in the 1980s, which led to the abolishing of the old adoption (of a son) system and uxorilocal marriage, both of which had been practiced in the Mao era. Property inheritance in peasant families with only daughters also experienced a huge change from the Mao era to the Reform era. During the Maoist era, parents of peasant families with only daughters always adopted a son or took a son-in-law into their family to inherit their property and support them in their old age. They did so because of the subsistence pressure in families without enough adult male labor to earn sufficient workpoints. During the Reform era, parents of families with only daughters leave their village to live with their daughters in one or another of two patterns. In the first, the parents live with one daughter for the rest of their lives and the daughter who supports them inherits their property. In the second, all the daughters take turns providing support and all eventually inherit equally. This trend shows that because daughters are involved in supporting the parents in old age, the tightly intertwined relationship between property inheritance and old-age support remains unaltered in peasant families with only daughters. 本文使用了河北省昌黎县法院1949–1976年间的民事档案、昌黎县李镇1992年至2014年间的司法所档案,及对李镇侯家营村——满铁重点调查的六个村庄之一——的七次田野调查,探讨了1949年至今华北乡村有女儿无儿子家庭财产继承和赡养的演变。在比例上,因为计划生育政策的严格推行,华北乡村有女儿无儿子家庭从民国时期的15%增加到了当代的20–30%。 从集体化时期到改革开放时期,在财产继承模式上,华北乡村有女儿无儿子家庭的财产继承也经历了巨大的转变,在集体化时期,此类家庭中父母普遍同时采用招赘女婿和过继两种形式,让女婿或继子继承财产。在改革开放时期,在有女儿无儿子家庭中形成了所有女儿均分继承或由一个女儿继承所有财产。在赡养模式上,集体化时期由于以工分为核心的分配体制,使得家庭劳动力特别重要,招赘女婿和过继在社会后果上都增加家庭的男性劳动力,因而可以说是应对生存压力的重要途径,所以集体化时期流行的是赘婿或继子赡养;而改革开放时期华北乡村有女儿无儿子家庭则普遍由所有女儿均承担赡养义务或由一个女儿赡养,父母选择何种方式则和财产继承模式相关。 (This article is in English.)


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