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Details
Table of Contents
Intro
Acknowledgments
About This Book
Dates and Currency
The Qing Reign Periods
Dates and Dating Protocol
Currency Equivalents
Contents
About the Author
List of Figures
List of Tables
Manuscripts Cited and Translated
1 Introduction
1 The Story of the Wealthiest Man
2 A Contract Society? Research Question and State of the Field
2.1 Economic Success, Social Order, and Contracts
2.2 A General Puzzle of How and Why the Contract Worked
3 Sources: The Qingshui River Region and Beyond
3.1 A Brief Introduction to the Qingshui River Manuscripts and Their Studies
3.2 Sources in and Beyond the Region
4 Analytical Framework and Synopsis
References
2 Rediscovering Contracts in the Qingshui River Region
1 Introduction: Standard and Borderline Contracts
1.1 A General and Complex Term
1.2 The Chinese Terminology of Contracts
1.3 "Standard Cases" and "Borderline Cases"
2 Contracts: Legal Definitions and Chinese Practice
2.1 Contracts in Contract Laws
2.2 Categorization of Contracts in Everyday Life
3 Contents of a Contract: Beyond Agreement
3.1 The Tense of a Contract: Future or Past?
3.2 The Performance of Contracts
3.3 Championing the Past in the Future
3.4 Transcending as an Agreement
4 Identifying Contracts by Form: The Internal and External
4.1 The Textual Form
4.2 The Ritual Form
4.3 The Formulaic Beginning of a Contract: Indicating and Integrating
5 Paper Matters: The Materiality of Contracts
5.1 The Burning of Contracts
5.2 The Non-conceptual Contract: The Contract and Its Material Carriers
5.3 The Validity of the Material: Oral and Non-original
6 The Tripartite Structure of Contracts: A Theory
6.1 Three Stages and the Sequence of Examination
6.2 Application and Verification
7 Conclusion
References
3 Middlemen
1 Introduction: Understanding Middlemen Within a Contract
2 The Primary and the Secondary: Formation and Restoration
2.1 Four Roles
2.2 Two Levels
3 The Primary Level: Introducers, Witnesses, and Guarantors
3.1 Introduction
3.2 Witnessing
3.3 Guarantee
4 The Secondary Level: Arbitrators and Peacemakers
4.1 The "Original Middleman"
4.2 Arbitration
4.3 Mediation
5 The Middleman as the Third Party and the Third Party as the Middleman
5.1 The Involvement of the Middleman in a Contract
5.2 Incorporating Various Third Parties as Middlemen
5.3 A Partly Open System of Middlemen
6 Conclusion
References
4 Scribes
1 Introduction: Taking Scribes Seriously
1.1 Scribes and the Writing of Contracts
1.2 Contractual Scribes, Official Scribes, and Litigation Lawyers
1.3 The Institution of Scribes and Its Operation
2 The Demand for Scribes
2.1 The Typology of Contract Writers
2.2 The Number of Scribes
Acknowledgments
About This Book
Dates and Currency
The Qing Reign Periods
Dates and Dating Protocol
Currency Equivalents
Contents
About the Author
List of Figures
List of Tables
Manuscripts Cited and Translated
1 Introduction
1 The Story of the Wealthiest Man
2 A Contract Society? Research Question and State of the Field
2.1 Economic Success, Social Order, and Contracts
2.2 A General Puzzle of How and Why the Contract Worked
3 Sources: The Qingshui River Region and Beyond
3.1 A Brief Introduction to the Qingshui River Manuscripts and Their Studies
3.2 Sources in and Beyond the Region
4 Analytical Framework and Synopsis
References
2 Rediscovering Contracts in the Qingshui River Region
1 Introduction: Standard and Borderline Contracts
1.1 A General and Complex Term
1.2 The Chinese Terminology of Contracts
1.3 "Standard Cases" and "Borderline Cases"
2 Contracts: Legal Definitions and Chinese Practice
2.1 Contracts in Contract Laws
2.2 Categorization of Contracts in Everyday Life
3 Contents of a Contract: Beyond Agreement
3.1 The Tense of a Contract: Future or Past?
3.2 The Performance of Contracts
3.3 Championing the Past in the Future
3.4 Transcending as an Agreement
4 Identifying Contracts by Form: The Internal and External
4.1 The Textual Form
4.2 The Ritual Form
4.3 The Formulaic Beginning of a Contract: Indicating and Integrating
5 Paper Matters: The Materiality of Contracts
5.1 The Burning of Contracts
5.2 The Non-conceptual Contract: The Contract and Its Material Carriers
5.3 The Validity of the Material: Oral and Non-original
6 The Tripartite Structure of Contracts: A Theory
6.1 Three Stages and the Sequence of Examination
6.2 Application and Verification
7 Conclusion
References
3 Middlemen
1 Introduction: Understanding Middlemen Within a Contract
2 The Primary and the Secondary: Formation and Restoration
2.1 Four Roles
2.2 Two Levels
3 The Primary Level: Introducers, Witnesses, and Guarantors
3.1 Introduction
3.2 Witnessing
3.3 Guarantee
4 The Secondary Level: Arbitrators and Peacemakers
4.1 The "Original Middleman"
4.2 Arbitration
4.3 Mediation
5 The Middleman as the Third Party and the Third Party as the Middleman
5.1 The Involvement of the Middleman in a Contract
5.2 Incorporating Various Third Parties as Middlemen
5.3 A Partly Open System of Middlemen
6 Conclusion
References
4 Scribes
1 Introduction: Taking Scribes Seriously
1.1 Scribes and the Writing of Contracts
1.2 Contractual Scribes, Official Scribes, and Litigation Lawyers
1.3 The Institution of Scribes and Its Operation
2 The Demand for Scribes
2.1 The Typology of Contract Writers
2.2 The Number of Scribes