中国法律与中国社会

Foreword

Preface

Introduction

L Family and Tsu

1. Scope of Family and Tsu

2. Father's Authority

3. Criminal Law and Familism

Injury and Homicide

Illicit Intercourse

Concealment

Juniors to be Punished as Substitutes

Postponement of Punishment and Pardon

5. Administrative Law and Familism

Ⅱ. Marriage

1. Meaning of Marriage

2. Prohibitions Endogamy

Relatives of Different Surnames

Marriage with the Wife or Concubine of a Kinsman

3. The Role of Seniors in Arranging a Marriage

4. The Position of the Wife

5. Relations with Members of the Husband's Family

6. Divorce

The Seven Conditions

I chueh

7. Concubinage

Ⅲ. Social Classes

1. The Style of Life

Food

Clothing and Ornament

Houses

Carriages

2. Marriage

Class Endogamy

Wedding Ceremonies

4. Ancestor Worship

IV. Social Classes （continued）

1. The Law of the Feudal Nobles

2. The Legal Privileges

Nobles and Officials

Family Members of Nobles and Officials

3. Inequalities between the Free and the Mean

Common People and Slaves

Masters and Slaves

4. Inequalities between Races

2. Supernatural Recompense

3. Taboo in Punishment

4. Black Magic

VI. The Confucian School and the Legal School

1. Li Versus Law

Li and the Confucianists

Law and the Legalists

2. Virtue and Punishment

3. The Confucianization of Law

Conclusion

Bibliogra phy

Chinese and Japanese Sources

A. Codes and Commentaries

B. HistOry of Law and Administration of Justice

……

The statement that China is passing through an unprecedent-ed revolution has almost become a platitude， but its very obviousness in no way diminishes its truth. The changes which this huge and venerable country experienced in the past are negligible when compared with the developments of the last decade. The reason for this difference in degree-which amounts to a qualitative change-is that developments in the past hardly influenced fundamentals, if they ever did so at all, whereas the present transformation deeply affects them. It is even consciously aimed at changing the social structure and all that this entails.