Chinese Family Law and Social Change

Edited by David C. Buxbaum

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  • Published: 1978
  • Subject Listing: Asian Studies
  • Bibliographic information: 582 pp.
  • Territorial rights: world
  • Series: Asian Law Series 3
  • Contents

Although “law and social change” is a current topic of scholarly discussion, little research has been undertaken on the role of family law as an instrument of social change. This multidisciplinary volume now makes available recent research conducted in this field.

The first section includes an examination of the standards and rules for marriage during Han times, and of divorce in traditional Chinese law. The second section, devoted to family partition procedures, discusses the nature of family property in traditional China; the results of a field investigation on ancestral sacrifice in Manchuria; and the partition of family property in villages in southern Taiwan and in Tibet. The third section, dealing only with Taiwan, examines marriage in rural areas, summarizes field research on rural to urban migration, and looks at modernization and household composition. An investigation of marriage and divorce in the People’s Republic of China, and comparisons of developments in marriage law in the USSR and in the People’s Republic of China are dealt with in the fourth section. In the fifth section the authors indicate some factors that influence the relationship of law and social change in India and Indonesia.
Family Law and Social Change: A Theoretical Introduction
Marriage and Divorce in Han China: A Glimpse at "Pre-Confucian" Society
Divorce in Traditional Chinese Law
Family Property and the Law of Inheritance in Traditional China
Succession to Ancestral Sacrifices and Adoption of heirs to the Sacrifices: as seen from an inquiry into customary institutions in Manchuria
Family Partition as Contractual Procedure in Taiwan: A Case Study from South Taiwan
Adjudication and Partition in the Tibetan Stem Family
A Case Study of the Dynamics of Family Law and Social Change in Rural China
Rural to Urban Migration in Taiwan: Its Impact on Chinese Family and Kinship
Modernization and Household Composition in Taiwan
Soviet Family Law and Comparative Chinese Developments
Family Law and Social Mobilization in Soviet Central Asia: Some Comparisons with the People's Republic of China
Marriage Law and Policy in the People's Republic of China
Remarks on Family Law Change in Post-Revolutionary Indonesia
Remarks on Family Law and Social Change in India
Hindu Family Law and Social Change