Circulating the Code

Circulating the Code
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Contrary to longtime assumptions about the insular nature of imperial China’s legal system, Circulating the Code demonstrates that in the Qing dynasty (1644–1911) most legal books were commercially published and available to anyone who could afford to buy them. Publishers not only extended circulation of the dynastic code and other legal texts but also enhanced the judicial authority of case precedents and unofficial legal commentaries by making them more broadly available in convenient formats. As a result, the laws no longer represented privileged knowledge monopolized by the imperial state and elites. Trade in commercial legal imprints contributed to the formation of a new legal culture that included the free flow of accurate information, the rise of nonofficial legal experts, a large law-savvy population, and a high litigation rate.Comparing different official and commercial editions of the Qing Code, popular handbooks for amateur legal practitioners, and manuals for community legal lectures, Ting Zhang demonstrates how the dissemination of legal information transformed Chinese law, judicial authority, and popular legal consciousness.

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Ting Zhang. Circulating the Code

CONTENTS

ACKNOWLEDGMENTS

CHRONOLOGY OF DYNASTIES AND QING REIGN PERIODS

INTRODUCTION

1 QING LEGISLATION AND IMPERIAL EDITIONS OF THE GREAT QING CODE

THE PUBLICATION AND CIRCULATION OF DYNASTIC CODES BEFORE THE QING

THE CODE AND THE QING JUDICIAL BUREAUCRACY

EARLY QING LEGISLATION AND OFFICIAL PUBLISHING OF THE CODE

LEGISLATION IN THE YONGZHENG AND QIANLONG PERIODS

BOOK PUBLISHING ACTIVITIES IN THE WUYINGDIAN

THE CODE PUBLISHED BY THE WUYINGDIAN

PUBLICATION AND CIRCULATION OF THE EXPANDED SUBSTATUTES

CONCLUSION

2 COMMERCIAL PUBLICATIONS OF THE CODE

DIVERSITY AND CHANGES: COMMERCIAL EDITIONS OF THE CODE IN THE EARLY QING, 1644–1722

DECLINE AND STANDARDIZATION: COMMERCIAL PUBLICATIONS OF THE CODE IN THE MID-QING PERIOD, 1723–1788

COLLECTIVE COMPILATION AND THE RISE OF HANGZHOU EDITIONS, 1789–1805

THE RISE AND DOMINANCE OF COMPREHENSIVE INTEGRATION EDITIONS, 1805–1911

BENEFITING THE WORLD: THE IDEA OF PUBLISHING THE CODE

THE MARKET FOR COMMERCIAL EDITIONS OF THE CODE

CONCLUSION

3 READING THE CODE

REGULATIONS AND POLICIES REGARDING OFFICIALS’ LEGAL KNOWLEDGE

READING THE CODE IN SCHOLAR-OFFICIALS’ DISCOURSE

USEFUL BOOKS AND QING OFFICIALS’ PERSONAL LAW LIBRARIES

READING THE CODE

THE CODE AS TEXT

CONCLUSION

4 LAW AND LEGAL INFORMATION IN POPULAR HANDBOOKS

EVOLUTION OF POPULAR LEGAL HANDBOOKS: FROM LATE MING TO QING

THE THUNDER THAT STARTLES HEAVEN: ITS STRUCTURE AND CONTENT

WHY LAW MATTERS

LEGAL INFORMATION IN THE THUNDER THAT STARTLES HEAVEN

RHYMED SONGS

QUESTION AND ANSWER SETS

INTERPRETATIONS OF BASIC LEGAL TERMS

STATUTES AND SUBSTATUTES FROM THE CODE

THE STATE BAN

LEGAL KNOWLEDGE IN LITIGATION PRACTICE

CONCLUSION

5 POPULAR LEGAL EDUCATION

POPULAR LEGAL EDUCATION: ATTITUDES AND POLICIES

THE COMMUNITY LECTURE SYSTEM

LEGAL INFORMATION IN THE LECTURES

LEGAL EDUCATION IN FRONTIER REGIONS

OTHER FORMS OF POPULAR LEGAL EDUCATION

CONCLUSION

CONCLUSION

DISSEMINATION

CHANGING THE LAW

REGULATIONS AND CONTROL

RE-ENVISIONING QING LEGAL CULTURE

EPILOGUE

GLOSSARY

NOTES. Introduction

1. Qing Legislation and Imperial Editions of The Great Qing Code

2. Commercial Publications of the Code

3. Reading the Code

4. Law and Legal Information in Popular Handbooks

5. Popular Legal Education

Conclusion: The Impact of Printing on Law and Legal Culture

Epilogue

SELECTED BIBLIOGRAPHY

The Qing Code and Commentaries

Other Primary Sources

Secondary Sources

INDEX

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CIRCULATING THE CODE

Print Media and Legal Knowledge in Qing China

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The books issued by the Wuyingdian through the administrative channel were the property of governments or schools and were stored in their libraries, often kept in wooden cabinets, under lock and key. Those libraries were built to protect the physical volumes and to inspire the sense of reverence of books, not to ease readers’ access to these books. They were not open to the public, and usage of the books was under strict regulations. Even officials and government students had to go through complicated procedures to access the books.58 Although the regulations were designed to protect books from being damaged or stolen, people complained that libraries in local yamens or schools were “locked up tightly and hidden away” and that readers could seldom see or read the books collected in them.59

For individual readers, the most common access to the Wuyingdian books was not through those libraries but through buying reprinted versions or “general circulation” (tongxing) versions. The Qing court encouraged local governments, individuals, and sometimes even commercial publishers to reprint the Wuyingdian books. For the books the Wuyingdian printed that could benefit literary circles, such as imperially authorized Confucian classics and dynastic histories, the Qing court usually required provincial administrative commissioners (buzhengshi) to recut the woodblocks according to the style and content of the Wuyingdian editions. When the woodblocks were completed, individuals and commercial publishers who wanted to reprint the books could submit a formal written request to the provincial government. When it was approved, they could bring their own paper and ink to the provincial administrative commissioner’s yamen and print the books by using the woodblocks. However, few individual and commercial publishers were willing to use woodblocks in provincial offices for reprinting the books, possibly because of the forbidding administrative procedures when applying for permission to print, as well as the extortion of yamen clerks during the printing process.60

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