Women’s Choices under the Law; Marriage, Divorce, and Illicit Sex in the Qing and the Republic  

Oleh:

Huang, Philip C.C.

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Modern China vol. 27 no. 1 (Jan. 2001), page 3-58.
Topik: Marriage; Divorce; and Illicit Sex in the Qing and the Republic
Fulltext: 3MC271.pdf (357.93KB)

Isi artikel

Qing law and Guomindang law conceptualized women’s choices very differently. In one, women were seen as possessed only of subordinate will, while in the other, they were seen as autonomous agents. This article examines the Qing and Guomindang constructs in succession and uses each to illuminate the other. While the Qing view contrasts sharply with the Guomindang’s, which was based on the German Civil Code of 1900, it did not see women simply as passive entities devoid of will or choice. It attributed to them choices between consenting to and resisting abusive treatment—what I term passive agency. That codified construction is most clearly revealed in a series of provisos centering on the word he, “consenting to.”

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