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 95 筆
Its starting point was to be basic questions regarding economic transactions, what they were, and how they were carried out. A major source for this investigation was contracts and litigation records relating to contractual disputes.
... of all manner of relationships and transactions in China and on an understanding of their value as transcriptions of the fine details of day-to-day economic activity (Cohen 1969, 2002; Hansen 1995; Brockman 1980; Zelin 1994).
Indeed, their most common role was that of facilitator, deal maker, and witness to the transaction, often providing testimony to the free will entry of the parties into the contract and standing warranty that the persons or Introduction ...
As several of the studies included herein demonstrate, not only were contracts critical evidence in land disputes, but land contracts also became the template for contracts that memorialized a wide variety of transactions in rural and ...
Also included are other forms of written understandings — a contract clarifying an earlier one, an affidavit attesting to a transaction, adoption contracts, and most important, several critical sources relating to "minor" forms of ...
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