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Putting "Commercial Law" into the Chinese Context: Legal Critique and Legal Reasoning in Seventeenth-Century China

  • Author:

    Chiu, Peng-Sheng

  • Page Number:

    8:75-123

  • Date:

    2005/12

  • Cite Download

Abstract

Analyzing three kinds of legal texts, I delve into the interaction between economy and law in seventeenth-century China. Against kinds of cliché about how “commercial law” could not and will not emerge in traditional China, I argue that we should put the issue of “commercial law” into Chinese context. By means of scrutinizing the legal critique and legal reasoning existing in the texts from those of a legal treatise, a handbook of litigation master and extant records about cotton industry lawsuits, this article shed light on the reciprocity between economic-cum-social and political-cum-legal arena which concurred in Late Imperial China.

 

Keywords

legal critique, legal reasoning, commercial law, historical change, Late Imperial China

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Citation Text

Footnote
Peng-Sheng Chiu, “Putting "Commercial Law" into the Chinese Context: Legal Critique and Legal Reasoning in Seventeenth-Century China,” Journal for Legal History Studies 8 (2005): 75-123.

Bibliography
Chiu, Peng-Sheng
2005 “Putting "Commercial Law" into the Chinese Context: Legal Critique and Legal Reasoning in Seventeenth-Century China.” Journal for Legal History Studies 8: 75-123.
Chiu, Peng-Sheng. (2005). Putting "Commercial Law" into the Chinese Context: Legal Critique and Legal Reasoning in Seventeenth-Century China. Journal for Legal History Studies, 8, 75-123.
Chiu, Peng-Sheng. “Putting "Commercial Law" into the Chinese Context: Legal Critique and Legal Reasoning in Seventeenth-Century China.” Journal for Legal History Studies, no. 8 (2005): 75-123.
Chiu, Peng-Sheng. “Putting "Commercial Law" into the Chinese Context: Legal Critique and Legal Reasoning in Seventeenth-Century China.” Journal for Legal History Studies, no. 8, 2005, pp. 75-123.
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