The Great Ming Code: Da Ming Lü

Front Cover
University of Washington Press, 2005 - History - 319 pages
Imperial China's dynastic legal codes provide a wealth of information for historians, social scientists, and scholars of comparative law and of literary, cultural, and legal history. Until now, only the Tang (618-907 C.E.) and Qing (1644-1911 C.E.) codes have been available in English translation. The present book is the first English translation ofThe Great Ming Code(Da Ming lu), which reached its final form in 1397. The translation is preceded by an introductory essay that places the Code in historical context, explores its codification process, and examines its structure and contents. A glossary of Chinese terms is also provided.

One of the most important law codes in Chinese history,The Great Ming Coderepresents a break with the past, following the alien-ruled Yuan (Mongol) dynasty, and the flourishing of culture under the Ming, the last great Han-ruled dynasty. It was also a model for the Qing code, which followed it, and is a fundamental source for understanding Chinese society and culture. The Code regulated all the perceived major aspects of social affairs, aiming at the harmony of political, economic, military, familial, ritual, international, and legal relations in the empire and cosmic relations in the universe. The all-encompassing nature of the Code makes it an encyclopedic document, providing rich materials on Ming history. Because of the pervasiveness of legal proceedings in the culture generally, the Code has relevance far beyond the specialized realm of Chinese legal studies. The basic value system and social norms that the Code imposed became so thoroughly ingrained in Chinese society that the Manchus, who conquered China and established the Qing dynasty, chose to continue the Code in force with only minor changes.

The Code made a considerable impact on the legal cultures of other East Asian countries: Yi dynasty Korea, Le dynasty Vietnam, and late Tokugawa and early Meiji Japan. Examining why and how some rules in the Code were adopted and others rejected in these countries will certainly enhance our understanding of the shared culture and indigenous identities in East Asia.

Jiang Yonglinis assistant professor of history at Oklahoma State University.

"Anyone who wants to get an overview of the important landmarks of law over the broad sweep of Chinese history will want to consult this work. There is no alternative in a Western language for scholars to use."--James V. Feinerman, James M. Morita Professor of Asian Legal Studies, Georgetown University Law Center

"Useful for historians as well as legal scholars because it supplies a missing link between the translations of the Tang and Qing codes."--John W. Dardess, University of Kansas

 

Contents

Acknowledgments
xxvii
The Making of The Great Ming Code
xxxiii
11
lxv
23
lxxxix
84
xcii
The Imperial Preface to The Great Ming Code
3
CHAPTER 1
17
CHAPTER 2
52
Making Magical Inscriptions and Magical Incantations
155
Stealing Imperial Decrees
156
Stealing Plants or Trees within the Imperial Mausoleum
157
Ordinary Persons Stealing Money or Grain from Granaries or Treasuries
158
Forcible Robbery
159
Forcibly Taking in Daytime
160
Stealing Horses Cattle and Other Livestock
162
Obtaining Property by Threats
163

Explaining and Reading the Code and Commandment
59
CHAPTER 3
69
222
75
Discarding or Destroying Things Such as Utensils
81
Marriages
82
Mortgaging or Renting Out Wives or Daughters
83
Expelling SonsinLaw and Marrying Off Daughters
84
Marrying Off or Taking in Marriage While Parents Are Imprisoned
85
Marrying Women or Daughters of Those under the Officials Jurisdiction as Wives or Concubines
86
Forcibly Seizing Wives or Daughters of Honorable Families
87
Marriages by Mongols and Semu People
88
Punishments for Matchmakers and Others Who Arrange Marriages That Violate the Code
89
Granaries and Treasuries
90
Rules of Coinage
91
Collecting Too Much Grain Tax above the Level of the Grain Measures
92
Fraudulently Issuing Invoices or Receipts
93
Borrowing Money or Grain without Authorization
94
Deceitfully Embezzling by Weighers in Granaries and Employees
95
Failing to Discover Theft in Granaries and Treasuries
96
Creating Obstructions in Receiving or Issuing Government Goods
97
Transmitting Government Goods
98
Deciding the Seizure of Illicit Goods Improperly
99
Taxes
100
Supervisory Officials or Functionaries or Powerful Persons Engaging in Salt Transactions
103
Illegal Transactions in Tea
104
Monetary Obligations
105
Consuming Property Received in Deposit
106
Markets
107
CHAPTER 4
110
CHAPTER 5
120
Military Administration
127
Reporting Military Matters
128
Reporting Military Information at Full Speed
129
Violating the Time Limit in Following Orders to Go on Campaigns
130
Commanding Officers Failing to Defend Their Positions Tenaciously
131
Failing to Train Soldiers
132
Selling Military Horses without Authorization
133
Allowing Military Soldiers to Abandon Service
134
Employing Military Officers or Soldiers by Dukes or Marquises without Authorization
135
Treating Military Dependents Preferentially
137
Guard Posts and Fords
138
Causing Difficulties at Checkpoints
139
Sending Wives or Daughters of Military Deserters out of Cities
140
Employing Constables without Authorization
141
Breeding Horses
142
Failing to Break and Train Government Horses
143
Livestock Biting and Kicking People
145
Government Messengers Demanding to Borrow Horses
146
Inspection of Postal Relay Stations
147
Damaged Postal Relay Station Buildings
148
Excessively Using Postal Horses
149
Documents That Should Be Provided with Postal Relay Station Services for Delivery but Are Not Provided
150
Occupying the Best Rooms of Postal Relay Stations
151
Carrying Private Goods While Riding on Government Animals Carriages or Boats
152
CHAPTER 6
154
Kidnapping Persons or Kidnapping and Selling Persons
164
Uncovering Graves
165
Entering Others Houses at Night without Reason
167
Jointly Plotting to Commit Robbery
168
Taking Goods Openly or Secretly Each Constitutes Robbery
169
Plotting to Kill Imperial Emissaries or Ones Own Superior Officers
170
Killing Adulterous Lovers
171
Extracting Vitality by Dismembering Living Persons
172
Killing Others in Affrays or by Intention
173
Husbands Striking Transgressing Wives or Concubines to Death
174
Injuring Others with Bows and Arrows
175
Incompetent Physicians Killing or Injuring Others
176
Making Private Settlements When Superior or Older Relatives Are Killed by Others
177
The Period of Responsibility for Crimes
179
Quarreling within the Palace
180
Associate or Other Subordinate Officials Striking Head Officials
181
Officials of the Ninth Rank or Above Striking Head Officials
182
Honorable and Mean Persons Striking Each Other
183
Wives or Concubines Striking Husbands
185
Relatives of the Same Surname Striking Each Other
186
Striking Superior or Older Relatives of the Second Mourning Degree
187
Wives or Concubines and Husbands Relatives Striking Each Other
188
Striking Sons of Wives by Their Former Husbands
189
Wives or Concubines Striking Parents of Deceased Husbands
190
Associate or Other Subordinate Officials Cursing Head Officials
191
Cursing Paternal Grandparents or Parents
192
Making Anonymous Written Accusations of Offenses against Others
193
Withdrawing from Trying Cases
194
Making False Accusations
195
Violating Status and Offending against Righteousness
198
Sons or Sons Sons Violating Instructional Orders
200
Instigating Litigation
201
False Accusations of Offenses Punishable by Military Exile or Banishment
202
Committing Crimes Involving Illicit Goods Obtained through Malfeasance
204
Accepting Property after Completing the Matters
205
Officials Extorting or Borrowing Property from Others
206
Household Members of Officials Extorting Property
207
Retaining Stolen Goods
208
Deceitfully Transmitting Imperial Decrees
209
Replying to or Memorializing the Emperor Untruthfully
210
Privately Casting Copper Cash
211
Deceitfully Impersonating Officials
212
Court Attendants Deceitfully Claiming to Be on Private Missions
213
Committing Fornication
214
Committing Fornication with Relatives
215
Falsely Accusing FathersinLaw of Fornication
216
Committing Fornication during the Period of Mourning or by Buddhist or Daoist Clergy
217
Miscellaneous Offenses
218
Judgment and Imprisonment
226
CHAPTER 7
243
Glossary
249
Bibliography
293
General Index
301
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About the author (2005)

Jiang Yonglin is assistant professor of history at Oklahoma State University.

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