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Polyandry and Wife-Selling In Qing Dynasty ChinaSurvival Strategies and Judicial Interventions$
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Matthew H. Sommer

Print publication date: 2015

Print ISBN-13: 9780520287037

Published to California Scholarship Online: May 2016

DOI: 10.1525/california/9780520287037.001.0001

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PRINTED FROM CALIFORNIA SCHOLARSHIP ONLINE (www.california.universitypressscholarship.com). (c) Copyright University of California Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CALSO for personal use.date: 28 September 2021

Flexible Adjudication of Routine Cases in the Local Courts

Flexible Adjudication of Routine Cases in the Local Courts

Chapter:
(p.341) 11 Flexible Adjudication of Routine Cases in the Local Courts
Source:
Polyandry and Wife-Selling In Qing Dynasty China
Author(s):

Matthew H. Sommer

Publisher:
University of California Press
DOI:10.1525/california/9780520287037.003.0012

Chapter 12 uses routine local cases involving “minor matters” to show that magistrates judged wife sales flexibly, on a case by case basis, and they aimed to solve the practical problems that brought cases to court rather than to enforce the Qing code rigidly. The same principle informed adjudication of routine cases involving marital prostitution and polyandry. Such routine adjudication poses a strong contrast to the “major cases” reported up the chain of command for review. This evidence is used to re-evaluate previous explanations of routine adjudication in local courts.

Keywords:   adjudication, local courts, minor matters, major cases

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