By David Wakefield
The department of family estate in agricultural societies lies on the centre of the transmission of financial keep watch over from one iteration to the subsequent. In assembling a physique of information interested in fenjia (household department) in Qing and Republican China, this article investigates one of many important themes in realizing how chinese language society functioned and keeps to operate. In his presentation of case experiences of family department, the writer determines that equivalent department used to be the rule of thumb, but residing mom and dad and unmarried siblings had estate rights to boot. diversifications in inheritance orientations had dramatic results on landownership styles, lineage estate styles, lineage power, classification formations or even on nation potency and its effect on village society. The textual content explores social type, girls and the extended family, relatives files and legislations so that it will weave the various traditions right into a imaginative and prescient of the way inheritance, relations, lineage and country interacted over the process Qing and Republican China.
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Additional resources for Fenjia: Household Division and Inheritance in Qing and Republican China
One legal dispute suggests that this pattern may have been in place as early as the Western Han dynasty. ), a wealthy old man named Chenliu had no sons. He had one married daughter from his deceased first wife, but he remarried and his second wife gave birth to a son. When Chenliu died, his daughter by his first wife claimed the family property by arguing that Chenliu was not the real father of the son. ” So Bing Ji called in a group of similarly aged children and had them stand in the cold: only Chenliu’s son showed the effects.
The document states that when Xiancheng died, his property was divided equally between Shiguang and Zhenzhen. Subsequently Shiguang died, and the document states that the law allows Shiguang’s property to go to his daughters, one-half to each. The case comes to court because Tongshi tries to appoint his son, Shide, as postmortem heir to Shiguang. Though there are some technical problems with the appointment, the court allows it. Shide therefore receives one-fourth of the property as posthumous heir, and the remaining three-fourths is divided between the two daughters.
Since this is a Qingmingji case from the Southern Song, and it is written by an official so close to the icon of Neo-Confucianism, it would be feasible to conclude that it represents the beginning of the attempt to narrow a remarried woman’s rights to her dowry property. Evidence of a consolidation of this loss of rights over dowry property can be found in the 1303 Yuan law quoted above. The law’s denial of widows’ rights over dowry property suggests a harmony between the rising Neo-Confucian views on the Chinese side and the sense that freely remarrying widows with property were a threat to the levirate on the Mongol side.
Fenjia: Household Division and Inheritance in Qing and Republican China by David Wakefield