Contract and Property in Early Modern China: Rational Choice in Political Science
Stanford University Press, 2004年2月18日 - 408 頁
Providing a new perspective on economic and legal institutions, particularly on contract and property, in Qing and Republican history, this volume provides case studies to explicate how these institutions worked, while situating them firmly in their broader social context.
第 1 到 5 筆結果，共 49 筆
... when acknowledged at all, is deemed minor in a China that is governed by custom and dependent on ascriptive ties for the creation of trust.1 The decision to focus on contract was based both on a recognition of the critical role that ...
Once decisions were made at their yamens, officials faced the greater problem of enforcing them with the relatively weak ... on the ground contributed to tragic outcomes far more than magistrates' in camera decision-making processes.
... the treatment of contract by courts, the role of courts in settling disputes, and whether code or custom shapes judicial decisions — are not peculiar to Chinese history but rather are central to the study of every legal system.
In his detailed account of the resolution of actual lawsuits, Kwan finds that as a rule contracts were held up by Qing courts, though they tempered their decisions with consideration of established practices of the salt trade.
As recently as 1998 the eminent economist Angus Maddison could write, "There were virtually no lawyers or litigation in China, and very limited possibilities for challenging bureaucratic decisions. Citizens were supposedly protected by ...
讀者評論 - 撰寫評論
一是曾小萍（Madeleine Zelin）指出：當明清時代中國商人於本國內地，西北、西南、東北邊區乃至東南亞等海外地區從事商業活動時，包含合夥、股份等不同型態的契約行為，便不斷地傳遞與演化（Madeleine Zelin, Jonathan K. Ocko, and Robert Gardella, “Introduction.” In Contract and Property in Early Modern China, pp. 2-3.）；
二是歐中坦（Jonathan K. Ocko）的提法：而當時在中國參與簽訂各項契約的民眾，他們在「想像、創造、維持與終結（各類契約中的）交換關係」時，究竟如何受到當時既有各類「團體規範」（group norms）的影響與形塑？會是很有意義的課題。學者建議不再採取偏重法官與法學家如何建構「契約法」這類所謂「法學中心論者」（legal centralists）所關心的議題，改採「團體規範」與「契約行為」互動的研究取徑，可能會更有啟發性（Jonathan K. Ocko, “The Missing Metaphor: Applying Western Legal Scholarship to the Study of Contract and Property in Early Modern China.” In Contract and Property in Early Modern China, p.197.）。
Managing Multiple Ownership at the Zigong Salt Yard
Financial Arrangements in
Contracting Business Partnerships in Late Qing
Chinese Names and Terms
List of Contributors
Supplemental Payment in Urban Property Contracts