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 75 筆
Private property was in fact vigorously upheld in imperial codified law, yet the relevant property-holding unit was the household rather than the individuals who constituted it. Within the limited operational capacities of a premodern ...
In fact, the codified law of the late imperial state is a remarkably laissez-faire document. This is not a reflection of the state's lack of interest in the market. The Code stipulates the qualifications for and licensing of brokers ...
The significance of written agreements is highlighted not only by the variety of relationships that they confirm, but also by the fact that they are utilized not only among strangers but among the closest of blood relatives.
At the Zigong salt yard the signing of a contract was often the occasion for a flamboyant feast or theatricals, ostensibly to thank the gods.11 I have argued elsewhere that in fact they had a more practical purpose.
Indeed, this has become such a truism that almost any Chinese official today will cite this "fact" as an explanation for the underdeveloped state of China's contemporary legal system. Unfortunately, neither guild nor village / lineage ...
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