Please wait a minute...
Frontiers of Law in China

ISSN 1673-3428

ISSN 1673-3541(Online)

CN 11-5742/D

Postal Subscription Code 80-981

Front Law Chin    2013, Vol. 8 Issue (4) : 814-833    https://doi.org/10.3868/s050-002-013-0027-2
research-article
MARRIAGE LAW AND CONFUCIAN ETHICS IN THE QING DYNASTY
Chun Shan()
School of Law, China University of Political Science and Law, Beijing, China
 Download: PDF(252 KB)   HTML
 Export: BibTeX | EndNote | Reference Manager | ProCite | RefWorks
Abstract

The Qing Dynasty is the last dynasty of all the twelve dynasties in Chinese history. Its family law embodied the Confucian conception of the integration of family, country and the world under heaven. The rule of traditional Chinese society was depicted as “the Rule of Propriety and Music” which had been established by Duke Zhou as an instrumentalist mechanism and refined by the Confucian humanistic value orientation. This rule exhibited the intricate fabric of both family and country in five-types in dressing-service, making the laws and legalities in the Qing Codes and Cases peculiar in marriage, divorce, property inheritance and heir adoption and confirmation with obvious female and juvenile discriminations. Since Confucian ethics was introduced as a remedy to the deficiency in regulation and the stereotypes of mentality in the late Zhou Dynasty, their suggestions on equal and universal moral rights have become apparent in the relative enactments and cases ever since. As a system of social regulation, the Qing Codes and Cases demonstrated validity and stability in all areas of family law as well as in their compromise with Confucian ethics in the solidarity of family, clan, country and world where the right to live and the balance between right and duty had been always prioritized.

Corresponding Author(s): Chun Shan,Email:shanchun56@aliyun.com   
Issue Date: 05 December 2013
 Cite this article:   
Chun Shan. MARRIAGE LAW AND CONFUCIAN ETHICS IN THE QING DYNASTY[J]. Front Law Chin, 2013, 8(4): 814-833.
 URL:  
https://academic.hep.com.cn/flc/EN/10.3868/s050-002-013-0027-2
https://academic.hep.com.cn/flc/EN/Y2013/V8/I4/814
Viewed
Full text


Abstract

Cited

  Shared   
  Discussed