Providing a new perspective on economic and legal institutions, particularly on contract and property, in Qing and Republican history, this volume provides case studies to explicate how these institutions worked, while situating them firmly in their broader social context.

From its dramatic expansion in the early nineteenth century to its decline in the late 1930s, salt production in Zigong was one of the largest and only indigenous large-scale industries in China. Madeleine Zelin's history details the novel ways in which Zigong merchants mobilized capital through financial-industrial networks and spurred growth by developing new technologies, capturing markets, and building integrated business organizations. She provides new insight into the forces and institutions that shaped Chinese economic and social development (independent of Western or Japanese influence) and challenges long-held beliefs that social structure, state extraction, the absence of modern banking, and cultural bias against business precluded industrial development in China.

This book is the product of a unique collaboration between mainland Chinese scholars and scholars from the civil, common, and mixed jurisdiction legal traditions. It begins by placing the current Chinese contract law (CCL) in the context of an evolutionary process accelerated during China's transition to a market economy. It is structured around the core areas of contract law, anticipatory repudiation (common law) and defense of security (German law); and remedies and damages, with a focus on the availability of specific performance in Chinese law. The book also offers a useful comparison between the CCL and the UNIDROIT Principles of International Commercial Contracts, as well as the Convention on Contracts for the International Sale of Goods. The analysis in the book is undertaken at two levels - practical application of the CCL and scholarly commentary.

China's spectacular rise challenges established economic moulds, both at the national level, with the concept of "state capitalism", and at the firm level, with the notion of indigenous "Chinese management practices". However, both Chinese and Western observers emphasise the transitional nature of the reforms, thereby leaving open the question as to whether China's reform process is really a fast catch-up process, with ultimate convergence to global standards, or something different. This book, by a leading economist and sinologist, argues that "culture" is an exceptionally useful tool to help understand fully the current picture of the Chinese economy. Drawing on a range of disciplines including social psychology, cognitive sciences, institutional economics and Chinese studies, the book examines long-run path dependencies and cultural legacies, and shows how these contribute crucially to the current cultural construction of economic systems, business organisations and patterns of embedding the economy into society and politics.

The fifteenth and final volume of the series The Making of Modern Freedom, this book explores a variety of issues surrounding questions of human rights and freedom in China. The chapters suggest very significant realms of freedom, with or without the protection of law, in the personal, social, and economic lives of people in China before the twentieth century. This was recognized, and partly codified, in the early twentieth century, when legal experts sought to establish a republic of laws and limits. The process of legal reform, however, would be placed firmly in the service of strengthening the post-imperial Chinese nation-state, culminating after 1949 in despotism unparalleled in Chinese history. Nevertheless, the last decades of the twentieth century and the first years of our own would witness a slow, steady, but unmistakable reassertion of realms of personal and communal autonomy that show, even in an era of strong states, at least the prospect of institutionalized freedoms.

This book is the first Western-language monograph on the study of the Qingshui River manuscripts. By examining over 3,000 contracts and other manuscripts, this book offers constructive insights into the long-standing question of how and why a society in late imperial China could maintain a well-functioning social system with few laws but many contracts, i.e., Hobbesian “words without sword.” Three interrelated questions, what contracts were, how and why they worked, are explained successively. Thus, this book presents a non-stereotypical “contract society” in southwest China, arguing that the social order which provides predictability and regularity for economic prosperity could be formed and maintained through contracts even under the condition of relatively weak influence of governmental and legal authorities. This book benefits readers who are interested in law, society, and history. While presenting the socio-legal landscape of a frontier area in late imperial China for historians, this book provides a novel and empirical interpretation of the supposedly well-known contract device for legal researchers, thereby proposing materials for an integrated theoretical explanatory framework of contracts in general. By employing the innovative theory of blockchain in its key argumentation, the book offers a creative interpretation of historical and social phenomena.

One of Choice Reviews' Outstanding Academic Titles of 2018--an innovative look at how families in Ming dynasty China negotiated military and political obligations to the state.tate.

Property, or property rights, remains one of the most central elements in moral, legal, and political thought. It figures centrally in the work of figures as various as Grotius, Locke, Hume, Smith, Hegel and Kant. This collection of essays brings fresh perspective on property theory, from both legal and political theoretical perspectives, and is essential reading for anyone interested in the nature of property. Edited by two of the world's leading theorists of property, James Penner and Michael Otsuka, this volume brings together essays which consider, amongst other topics, property and public law, the importance of legal forms in property theory, whether use or exclusion are most essential to our understanding of property, distributive justice, Lockean and Grotian theories, the common ownership of the Earth, and Confucian ideas of property.

This book focuses on Shenzhen, one of China’s most globalized metropolises, a leading centre of high-tech industries and, as a melting pot of migrants from all over China, a place of vibrant cultural creativity. While in the early stages of Shenzhen’s development this vibrant cultural creativity was associated with the resilience of traditional social structures in Shenzhen’s migrant ‘urban villages’, today these structures undergird dynamic entrepreneurship and urban self-organization throughout Shenzhen, and have gradually merged with the formal structures of urban governance and politics. This book examines these developments, showing how important traditional social structures and traditional Chinese culture have been for China’s economic modernization. The book goes on to draw out the implications of this for the future of Chinese culture and Chinese economic engagement in a globalized world.

Recently, a growing body of work on "law and finance" and "legal origins" has highlighted the role of formal legal institutions in shaping financial institutions. However, these writings have focused largely on Europe, neglecting important non-Western traditions that prevail in a large part of the world. Law and Long-Term Economic Change brings together a group of leading scholars from economics, economic history, law, and area studies to develop a unique, global and, long-term perspective on the linkage between law and economic change. Covering the regions of Western Europe, East and South Asia, and the Middle East, the chapters explore major themes regarding the nature and evolution of different legal regimes; their relationship with the state or organized religion; the definition and interpretation of ownership and property rights; the functioning of courts, and other mechanisms for dispute resolution and contract enforcement; and the complex dynamics of legal transplantations through processes such as colonization. The text makes clear that the development of legal traditions and institutions—as embodiments of cultural values and norms—exerts a strong effect on long-term economic change. And it demonstrates that a good understanding of legal origins around the world enriches any debate about Great Divergence in the early modern era, as well as development and underdevelopment in 19th-20th century Eurasia.