Please use this identifier to cite or link to this item: http://hdl.handle.net/10077/15717
Title: Of Old and New Codes: Chinese Law in the Mirror of Western Laws
Authors: Timoteo, Martina
Keywords: Chinese legal modernization processcomparative lawCivil codeQing codelegal transplantslegal translation
Issue Date: 2017
Publisher: EUT Edizioni Università di Trieste
Source: Marina Timoteo, "Of Old and New Codes: Chinese Law in the Mirror of Western Laws", in: Guido Abbattista (edited by), "Law, Justice and Codification in Qing China. European and Chinese Perspectives. Essays in History and Comparative Law", Trieste, EUT Edizioni Università di Trieste, 2017, pp. 177-192.
Abstract: Notwithstanding the fact that the word code is associated with a broad spectrum of meanings, when Chinese and European law met in the middle of nineteenth century, this word was marked by absolute historical typicality: it designated the Civil code, which represented an epoch-making watershed in western legal history and was identified as a symbol for legal modernity. This code became soon an illustrious reference model for the Chinese legal modernization process. In front of it the Qing code represented an old law, expression of a feeble legal tradition, that was inexorably destined to disappear. However, substituting the old with the new in the field of law is not simply a political choice and a technical endeavour. This paper explores some paths of this process from a comparative law perspective.
URI: http://hdl.handle.net/10077/15717
ISBN: 978-88-8303-842-6
eISBN: 978-88-8303-843-3
Rights: Attribution-NonCommercial-NoDerivatives 4.0 Internazionale
Appears in Collections:Law, Justice and Codification in Qing China. European and Chinese Perspectives. Essays in History and Comparative Law

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