Ch'in and Han law
Abstract
Early Chinese law is the law of a fully developed archaic society. The ancient nobility of the predynastic period had long since disappeared; the marquises of the Ch'in-Han period had titles but no real fiefs, and consequently no power. The orders of honor which were conferred during the Ch'in and Han periods carried with them several privileges, including that of a reduction in punishment for crime; but the marquises, or nobles, enjoyed no special status other than that of holders of the highest orders. Early traditional China knew three types of punishment: the death penalty, the mutilating punishments, and hard labor. Redemption of punishment was common practice during both the Ch'in and the Han periods; the technical term, shu, is also used for slaves buying their freedom. The Han period saw the birth of several systems which were to continue throughout the imperial period: the entry into the civil service through recommendation, through examinations, and by title of birth.
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In practice, some babies were not accepted and were either left to die or actively killed.
“In practice, however, some babies were not accepted, and were either left to die or actively killed”
From Women of Later Han (2019) · cites this paper as Hulsewé 1986
Infanticide or abandonment were widespread.
“infanticide or abandonment were widespread”
From Women of Later Han (2019) · cites this paper as Hulsewé 1986
Infants who appeared sickly, crippled, or deformed were likely to be rejected, as were those beyond the family's capacity to care for.
“Infants which appeared sickly, crippled or deformed were likely to be rejected, and the same applied to those which were more than the family could care for”
From Women of Later Han (2019) · cites this paper as Hulsewé 1986
Cites
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Williams, C. (2011) · Bulletin of the School of Oriental and African Studies · doi:10.1017/s0041977x1100036x · Cited by 5 · see citing works
de Crespigny, R. (2019) · Monumenta Serica · doi:10.1080/02549948.2019.1603431
- Authors
- Hulsewé, A. F. P.
- Affiliations
- Leiden University (NL)
- Corresponding author
- Hulsewé, A. F. P.
- Venue
- The Cambridge History of China
- Publisher
- Cambridge University Press
- Published
- 1986-12-26
- Pages
- 520-544
- OpenAlex
- W2498383083
- Cited by
- 11
- References
- 13
- Citations by year
- 2015: 1 · 2014: 2 · 2012: 1
- FWCI
- 0.00
- Type
- book chapter
- Language
- en
- Open access
- closed
- Locations
- Cambridge University Press eBooks (publishedVersion)
- Topics
- Social Sciences › Sociology and Political Science › Chinese history and philosophy
- Social Sciences › Political Science and International Relations › Medieval and Early Modern Justice
- Social Sciences › Political Science and International Relations › Historical Legal Studies and Society
- Keywords
- Qin law, Han law, marquis, nobility privileges, punishment, death penalty, hard labor, Shu, slavery, civil service examinations, recommendations, archaic societies
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