Civil judicial trials and private contracts during the Ming and Qing dynasties

Author: (Japanese) Shigeharu Shiga et al. / Country: Japan
Publisher:
Publishing Date: 1998-01-01
Features:
Excerpt [84] from the lower volume of In the Corner of the Heart, "The Mad Son-in-Law Withdraws from the Marriage." This judgment decision does not compel (the parties) to marry the husband who has a fit of madness, but postpones the marriage.
[85][86] from the 9a volume of Collected Cases of Criminal Law, "Each Room Marries a Wife, the Later Wife Becomes a Concubine." This discussion holds that for two wives practicing jian ta in folk society, if they are judged to be divorced according to the law of marrying a wife who already has a wife, it goes against human nature. Instead, the later wife can be legally recognized as a concubine.
[87] from Remnants of Dreams and Traces 86a.
[88] from Judgments of Wu Zhong 24b. Two men and women from the same family privately engaged in a lifelong commitment. The woman's family filed a lawsuit, demanding to stop the man from visiting, otherwise they would beat the daughter to death. The court ruled that he should pay the betrothal gift and recognized the marriage. The judgment stated, "Although the law is clearly established, etiquette especially values following human nature." Former Han Dynasty's Zhu Mao also said, "The law establishes great principles, and etiquette follows human nature" (Records of the Later Han Dynasty, Volume 55, Biography of Zhu Mao). In Wang Huizhu's Continued Sayings on Learning Governance, the same phrase "the law values aligning with human nature" can also be found. When newlyweds commit offenses and are to be punished with a cane or frame, the execution can be postponed or delayed to a later date. "Aligning with human nature while integrating the law" is said to be the art of benevolent people. The previous note (75) and (81) "Judgment of Yue Li Family's Petition" also points out: "This reflects the state's experience of human nature and compassion for the helpless. If one insists on judging based on hierarchy and etiquette, it often leads to injustice." Hierarchy and etiquette should give way to "justice" (reasonableness). In the left column of the compilation note of House Law and Household Service·Establishing a Legitimate Son Illegally, when explaining the legislative rationale for the adoption regulations, it is also said, "Etiquette follows human nature."
[89] from Hua Qing's Achievements Volume 6 16b, "Taking Away the Adopted Son Who Restored the Lineage."
[190] from Wen Zhong's Official Announcements Volume 3 8a, "Judging Yan Guanchang's jian ta." The author Zhu Hongzuo's name is cited from the Kyoto University Humanities Chinese Classics Catalog.
[90] Zhang Wuwěi's Record of Unbelief Volume 1, "General Discussion" 1a.
[91] from Wu Ping's Supplementary Remarks Volume 1 4b and below, "Judgment of Peng Da Shou's Petition," "Judgment of Peng Yu Shi's Petition."
[92] from Judgments of Ruyong Volume 3 5b, "Judgment of Chen Wang Shi's Petition."
[93] from Judgments of Ruyong Volume 3 19a, 2b.
[94] Naitō Nobutada's History of Chinese Legal System (Iwanami Shinsō, 1963), although there is a section titled "The Consciousness of Disregarding Law in Eastern Society," its arguments are fragmented and lack specificity.
[95] from Notes from the Obscure Studio Volume 1 10a, "Judgment of Wei Ruzhai's Petition."
[96] from Notes from the Obscure Studio Volume 1 28a, "Judgment of Yu Chen Shi's Petition."
[97] from Judgments of Ruyong Volume 3 3b and below, "Judgment of Ai Shengyuan's Petition," "Judgment of Ai Yingchen et al.'s Petition."