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Historical Studies on Chinese Litigious Society published in 2011 at Kyoto University Press is a remarkable work. This book, edited by eminent sinologist and professor of Kyoto University Fuma Susumu, is the result of five years of joint research among 15 scholars from Japan, China, Taiwan.
This work applies a new concept of ‘litigious society’ and a thorough method by which the study of Chinese legal history using the first material Ba-xian Documents allow the readers widen their knowledge of Chinese legal history. The object of this work not only ranges from ancient to modern China, but also covers a comparative analysis between China and the West.
‘Chinese Litigious Society’ is a new concept in the history of Sinology. In this respect this work is enough to be regarded as ground-breaking in the world of Chinese legal history. Readers can agree with some important claims of this work, for example that Chinese society was far from the Confuciusian ideal of a ‘No-Litigation Society’ and that ‘litigious society’ is originally a Western concept, whether it be contemporary American ancient polis of Athens. Although this work would open a new dimension in Chinese history, there are still strong doubts regarding the affiliated relationship between Chinese despotic rule and litigiousness suggested by the editor. Even so, in many ways there is no doubt that this work marks a new milestone in the study of Chinese legal history.
This work applies a new concept of ‘litigious society’ and a thorough method by which the study of Chinese legal history using the first material Ba-xian Documents allow the readers widen their knowledge of Chinese legal history. The object of this work not only ranges from ancient to modern China, but also covers a comparative analysis between China and the West.
‘Chinese Litigious Society’ is a new concept in the history of Sinology. In this respect this work is enough to be regarded as ground-breaking in the world of Chinese legal history. Readers can agree with some important claims of this work, for example that Chinese society was far from the Confuciusian ideal of a ‘No-Litigation Society’ and that ‘litigious society’ is originally a Western concept, whether it be contemporary American ancient polis of Athens. Although this work would open a new dimension in Chinese history, there are still strong doubts regarding the affiliated relationship between Chinese despotic rule and litigiousness suggested by the editor. Even so, in many ways there is no doubt that this work marks a new milestone in the study of Chinese legal history.
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참고문헌 (23)
참고문헌 신청
1. [학술지(정기간행물)] - 박영철 / 2008 / 黑律師와 근대 중국의 司法改革 / 중국사연구 (57) : 107 ~ 132
3. [학술지(정기간행물)] - 박영철 / 2010 / 宋代 法書의 禁書와 粉壁의 條法 -宋代 王法主義의 一考察- / 중국사연구 (68) : 183 ~ 224
4. [단행본] - 谷川道雄 / 2006 / 前後日本から現代中國へ―中國史硏究は世界の未來を語り得るか / 名古屋:河合文化敎育硏究所
5. [학술지(정기간행물)] - 谷川道雄 / 2010 / 中國現代農民維權活動覺書 / 硏究論叢 8
6. [학술지(정기간행물)] - 邱澎生 / 2008 / 十八世紀淸政府修訂‘敎唆詞訟’律例下的査拏訟師事件 / 中央硏究院歷史語言硏究所集刊 97 (4)
3. [학술지(정기간행물)] - 박영철 / 2010 / 宋代 法書의 禁書와 粉壁의 條法 -宋代 王法主義의 一考察- / 중국사연구 (68) : 183 ~ 224
4. [단행본] - 谷川道雄 / 2006 / 前後日本から現代中國へ―中國史硏究は世界の未來を語り得るか / 名古屋:河合文化敎育硏究所
5. [학술지(정기간행물)] - 谷川道雄 / 2010 / 中國現代農民維權活動覺書 / 硏究論叢 8
6. [학술지(정기간행물)] - 邱澎生 / 2008 / 十八世紀淸政府修訂‘敎唆詞訟’律例下的査拏訟師事件 / 中央硏究院歷史語言硏究所集刊 97 (4)
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