Military Operations, Law and Late Imperial Space: The Spread of Militarized Adjudication
This paper describes the late imperial militarized mode of adjudication (yi junfa congshi) and its relationship to eighteenth-century cases of summarized execution under the imperial standard (gongqing wangming). It shows that during the Ming and Qing, militarized adjudications, which were essential...
Αποθηκεύτηκε σε:
| Τόπος έκδοσης: | URI:https://journals.openedition.org/extremeorient, |
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| Κύριος συγγραφέας: | |
| Μορφή: | Article ou chapitre numérique |
| Γλώσσα: | Anglais |
| Έκδοση: |
Extrême-Orient Extrême-Occident
2016
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| Διαθέσιμο Online: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Περίληψη: | This paper describes the late imperial militarized mode of adjudication (yi junfa congshi) and its relationship to eighteenth-century cases of summarized execution under the imperial standard (gongqing wangming). It shows that during the Ming and Qing, militarized adjudications, which were essentially summary in nature, occurred along a spatial-temporal gradient of military operations which was a function of proximity to and intensity of active military operations. The paper also demonstrates that prior to the eighteenth century, militarized adjudication was a different mode of adjudication from the routine adjudicative system (zhuanshen, heshen, qingzhi) associated with the Qing Code (DaQing lüli). When norm-violating behavior occurred closest to the battlefield at the time of battle, it was more likely that the offender would be summarily adjudicated under modal junfa. This relationship changed over time. Imperial standard executions (gongqing wangming jixing zhengfa), primarily an eighteenth-century phenomenon, developed out of the practice of militarized adjudications. The paper relies on writings of Wang Yangming, and criminal cases to delineate the two different paradigms of modal junfa and the routine adjudicative process. It demonstrates the change in time in the relationship between militarized adjudication, routine adjudication, and the military operations gradient.39-58 |
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