Foundations of Chinese law
- Course Code:
- 15PLAC110
- Unit value:
- 1
- Taught in:
- Full Year
With an impressive legal history spanning over 5000 years, contemporary Chinese legal practice draws upon diverse sources of law, ranging from traditional notions of clan-based property rights and family law, to modern civil and criminal codes derived in part from western models. The object of this course is to introduce students to the classical foundations of Chinese law through an examination of the legal thought, practices, and institutions of pre-modern China (ca. 400 B.C.E. to 1911 C.E.).
The focus of the first half of the course is primarily historical. We will consider the evolution of Chinese legal thought and institutions, as demonstrated in the earliest extant discourses on law to the everyday practice of the legal system in China’s last imperial dynasty, the Qing (1644-1911 C.E.). The second half of the course examines specific topics in late imperial Chinese law including, but not limited to: law and religion, law and literature, family law, property law, commercial law, late-Qing legal reform, and constitutional law. Consideration will also be given to evidence of legal continuity and change found during the transition from the Imperial period to the Republican period (post-1911 C.E.).
Objectives and learning outcomes of the course
At the end of the course, students are expected to be able to:
- Demonstrate a basic understanding of the evolution of Chinese Law in the context of its history.
- Evaluate the Chinese legal system in imperial China, particularly the last imperial dynasty, the Qing Dynasty, and its impact on the development of law in the late 19th and early 20th centuries.
- Show a knowledge of specific areas of law, including among others, criminal law, family, marriage, divorce, concubinage, property and commercial law.
