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Issues on the Date of the Existing Female Analects
Get PDFIn recent years, whether Female Analects (Nü lunyu 女論語) is the work of the Song 宋 sisters in Tang dynasty has been the focus of controversy. However, so far, no researchers have been able to provide definitive evidence that the extant Female Analects author and the time of its completion differ from historical records. Therefore, the existing Female Analects are still considered to be the work of the Tang dynasty, researchers are considered to reveal the Tang dynasty as an important historical material of women’s education, thought, and culture.
This paper using 38 copies of the Female Analects held in libraries in Japan and China as a clue, categorizes the existing versions of the Female Analects into three lineages: Juan lichao lienü shixuan mingyuan jinang 鐫歷 朝列女詩選名媛璣囊, Guijian tuji 閨鑑圖集, and Nü sishu jizhu ben 女四書 集注本. After re-examining the existing texts of the Female Analects it becomes clear that there were almost no descriptions of the Female Analects for a long time until the Ming dynasty, and suddenly many descriptions appeared during the Jiajing 嘉靖 era.
Furthermore, it has been demonstrated that the existing Female Analects differ significantly from the epitaph historical materials and compiling historical materials, in terms of content, format, and chapters, as described in the relevant records of Da Tang neixueshi Guangping Songshi muzhiming bing xu 大唐內學士廣平宋氏墓誌銘并序 and Jiu Tangshu 舊唐書. By clarifying the non-Tang dynasty vocabulary that appears in the extant Female Analects, it can be presumed that this work was created after the Tang dynasty.
Based on the above analysis, the existing Female Analects, although widely circulated as a textbook on females in East Asia in the pre-modern period, are of great value. However, the conclusion of this paper helps to get out of the misunderstanding of using the Female Analects to study women’s issues in the Tang dynasty.journal articl
The Debate on Rehabilitative Measures in the Enactment Process of the Criminal Code of the Republic of China
Get PDFThroughout the process of developing modern Western-style criminal law in China since the late Qing period, the principle of legality in criminal law was always emphasized. Establishing the new chapter on rehabilitative measures in the Republic of China’s Criminal Code enacted and promulgated in 1935 (the 1935 Criminal Code) implied that the provisions that could be inconsistent with the principle were established in 1930s China. It was not a big change in fact, as many such provisions were already contained in the 1928 Criminal Code or earlier versions. Moreover, it could not be said to be a great departure from the principle, compared with the cases of Germany, Italy, and others, because the new chapter focused primarily on dealing with criminal conduct by persons of irresponsibility or limited responsibility. The creation of the chapter on rehabilitative measures was not simply an imitation of foreign laws but rather a selection and adjustment of the institutions necessary for China at the time. Discussions concerning rehabilitative measures had been ongoing among Chinese jurists even before the 1928 Criminal Code, which might have influenced the creation of the chapter, while the content of the rehabilitative measure provisions was not a major topic at the Legislative Yuan meetings. As evidenced by the differences in temperature between those discussions, much work remained to be done regarding the implementation of rehabilitative measures. Full-fledged implementation was difficult considering the actual situation in China at that time, and it could be said that although the provisions of rehabilitative measures were prepared in the code, the consideration of specific methods for their implementation was postponed.journal articl
The Tea and Horse Agency and the Sichuan’s Administrative Structure during the Reign of Southern Song Gaozong: Relations with the Sichuan Military Commission and Financial and Military Institutions
Get PDFIn the Southern Song’s Sichuan region, a local administrative regime emerged to oversee a military contingent led by the Wu 吳 clan. However, the existing analysis has been confined to the Sichuan Financial and Military Institution (Zonglingsuo 總領所), a logistics supply organization, and the Military Commission (Zhizhisi 制置司), governing civil and military affairs. The Tea and Horse Agency (Duda tiju chamasi 都大提擧茶馬司), responsible for military horse procurement, has been notably overlooked. This paper discusses the relationship between the Tea and Horse Agency and Sichuan’s administrative structure, focusing on the era of Gaozong 高宗, the first Southern Song ruler. It highlights the agency’s role in controlling the Wu clan’s military faction and its place in the contemporary political milieu.
First, a historical review leading up to the transition in 1148 divulges the concurrent appointments of the Tea and Horse Agency and the Financial and Military Institution, revealing their close relationship. Examination of Sichuan’s tax exemption policies demonstrates the agency’s fiscal assistance to the Military Commission and the Financial and Military Institution, influencing public policy. Finally, the movement of the Tea and Horse Agency in the wars between the Southern Song and the Jin was examined. It delegated urgent horse procurement to frontline troops, such as the faction led by the Wu clan; thus, the Tea and Horse Agency exposed limitations.
During the Southern Song dynasty, the Tea and Horse Agency, the Military Commission, and the Sichuan Financial and Military Institution controlled the Wu clan-led military group and assumed political responsibility. This tripartite control continued until the dissolution of the Wu clan-led military faction following the suppression of Wu Xi’s 吳曦 Rebellion. During Gaozong’s reign, the Tea and Horse Agency permitted the intervention of the Wu clan-led military group and other officers in the horse procurement process. Xiaozong 孝宗 subsequently strengthened the agency’s control and built a rule orchestrated by the trinity of the Military Commission, the Financial and Military Commission, and the Tea and Horse Agency.journal articl
Ḥaqq Allāh/al-ʿAbd as Mandatory/Directory Rule in Islamic Jurisprudence: A Study of Sunnī Private Law
Get PDFThis study aims to provide a better understanding of the distinction between the claim of God (ḥaqq Allāh) and that of an individual (ḥaqq al-ʿabd or ḥaqq ādamī) in Islamic jurisprudence, which has been discussed exclusively within the context of Islamic criminal law and with a focus on the Ḥanafī jurisprudence. The notions do not refer precisely to public and private laws, nor are defined as mere interpretative heuristics. An investigation of the Sunnī jurists’ debates on private law reveals that divine and individual claims rather correspond to mandatory and directory rules in modern law; a mandatory rule cannot be excluded or modified by the parties concerned as opposed to a directory one that is subject to any agreement to the contrary. Section 1 provides a brief sketch of the sharīʿa bodies, as elaborated by Muslim jurists regarding this dichotomy. Section 2 examines some concepts interchangeable or compatible with ḥaqq Allāh. Section 3 discusses the interplay between divine/mandatory and individual/directory rules in three cases: (i) the minimal amount of bride price (mahr, ṣidāq), (ii) the right to residence of a divorcee or widow in a matrimonial home during her waiting period, (iii) completion of a partial manumission by a co-owner of a slave as to his share (takmīl al-ʿitq).journal articl