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Introduction
The following primary legal sources, organized around the theme of “law and society,” offer insight into how the power of the state or dynasty interacted with people’s everyday lives. The list includes legal cases that have been translated into English, along with films that illustrate legal procedure, from China, Japan, and Korea, starting in the thirteenth century to the present day. Used in the classroom these legal cases not only serve as examples of legal concepts, state doctrine, or social values, but they also serve as snapshots into social history, bringing the extraordinary and ordinary of everyday society to life for students. Reading these translated legal cases, students can gain first-hand insight into how legal practitioners envisioned social order, while also witnessing what happened when those ideas conflicted with social realities.For examples of student activities using legal cases or trials, see also:
China
Song Dynasty (960-1279) McKNIGHT, Brian E. and James T.C. LIU, trans. The Enlightened Judgments: Ch’ing-ming Chi, The Sung Dynasty Collection. Albany: State University of New York Press, 1999. This text is a partial translation of a 13th century compilation of legal cases and decisions. Incorporating a diverse sampling of topics — from taxation disputes to fish thefts to allegations of human sacrifice — it provides insight into the exceptional as well as the mundane in Song-era life.Late Imperial China “A Father-in-Law Was Killed by His Daughter-in-Law When He Attempted to Rape Her.” In ZHU, Qingqi (CHU, Ch’ing-ch’i,) Xing’an huilan [Conspectus of Legal Cases], reprint of the 1886 edition. Taipei: Cheng wen chubanshe, 1968. http://www.exeas.org/resources/pdf/your-honor-handout1.pdf The teaching unit “Your Honor I Am Innocent: Law and Society in Late Imperial China” (http://www.exeas.org/resources/your-honor.html) provides background information, student readings, and student activities for using this case in the classroom.PAN, Ming-te. "Eight Cases and Rulings from the Qing." Download as PDF Republican-era China (1911-49) LEAN, Eugenia. Public Passions: the Trial of Shi Jianqiao and the Rise of Popular Sympathy in Republican China. Berkeley and Los Angeles: University of California Press, April 2007. In 1935-1936, SHI Jianqiao was put on trial for avenging her father’s death by murdering the warlord who killed him. Having committed a crime of passion and filial piety, Shi garnered wide public support which resulted in a highly lenient verdict of seven years.Contemporary China “A 1983 Rape Case in Hunan, China: Liu Changjian Raped His Own Daughter.” In LIU, Bin, ed. Dang dai Zhongguo ming an, 1949-1995 [Famous legal cases of contemporary China, 1949-1995]. Guangdong: Zhuhai Chubanshe, 1996. Translated by Ming-te PAN. Available online at: http://www.exeas.org/resources/pdf/your-honor-handout8.pdf ZHANG, Yimou, dir. The Story of Qiu Ju. 1992, 100 min. This film depicts a rural woman’s struggle for justice following a village elder’s assault on her husband and offers a fictional representation of the Chinese legal system in the early 1990s. Highlighting the highly bureaucratic nature of China’s legal institutions as well as tensions between the urban and rural, the film speaks to the social life of law, or the social character of the popular imagination of law. Japan
Tokugawa (1603-1867)“Tokugawa Justice under Confucian Precepts.” In David John LU, ed. Sources of Japanese History: Volume One. New York: McGraw-Hill, 1974, pp. 243-7. In this 1711 case, a woman’s father and brother conspired to murder her husband. Unaware of the plot, the woman searched for her missing husband, and upon discovering his dead body, uncovered her father and brother’s crime. This case points to a conflict between two elements of the Confucian vision of the virtuous woman: filial piety and loyalty to one’s husband. In her search for her missing husband, the woman demonstrated loyalty to her husband; however, since her discovery of the body exposed her father’s crime, she also acted unfilially.Post-War MAKI, John M, ed. Court and Constitution in Japan: Selected Supreme Court Decisions, 1948-60. Seattle: University of Washington Press, 1964. Selected Cases of Interest: Korea
Chosŏn (1392-1910)SHAW, William. Legal Norms in a Confucian State. Berkeley: Center for Korean Studies, Institute of East Asian Studies, University of California, 1981. In addition to extensive commentary on Chosŏn dynasty-era legal theory and practice, this source includes translations of 100 cases from the Simnirok, a compilation of cases submitted to the king and other high officials for special review due to a range of complexities and/or contestations.Post-War United States Army Forces in Korea. Selected Legal Opinions of the Department of Justice, United States Army Military Government in Korea: Opinions Rendered in the Role of Legal Adviser to the Military Government of Korea, and Covering a Period From March 1946 to August 1948. Seoul: Department of Justice, Headquarters, United States Military Government in Korea, 1948, 2 Volumes. Selected Cases of Interest: International Law
‘Transcript of Oral Judgement Delivered on 4 December 2001 by the Judges of the Women’s International War Crimes Tribunal on Japan’s Military Sexual Slavery.’
This is an abridged version of the decision of the 2000 Women’s International War Crimes Tribunal finding Emperor Hirohito and eight other high-ranking Japanese wartime officials criminally responsible for the establishment and operation of the comfort women system, a system affirmed as one of sexual slavery, institutionalized rape, and therefore a crime against humanity. Significantly, the Tribunal also affirmed Japanese state responsibility, calling for an official acknowledgment of responsibility, an official apology, reparations, and educational initiatives, among other recommendations. Special thanks to ExEAS intern Jonathan Kief for his contribution to this list of resources. |
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