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Article
Confucianization of the Law: A Study of Speech Crime Prosecution in China
Murdoch University Electronic Journal of Law (2004)
  • Kam C. Wong, Xavier University
Abstract

Black’s theory on The Behavior of Law (1976) predicts and explains the behavior of law with five social variables: stratification, morphology, culture, organization, and social control. This research project tested one aspect of Black’s theory – the relationship between law and culture - with historical data from the Qianlong rein (1736 to 1796) in the Qing dynasty (1644-1911) of China. The research question posed was whether and to what extent the cultured people in Qing-China were subjected to a different and more favorable judicial process in speech crime prosecution cases?

Keywords
  • Chinese jurisprudence,
  • Confucianization of law,
  • Behavior of Law,
  • Speech crime in China,
  • Donald Black
Disciplines
Publication Date
Fall September, 2004
Citation Information
Kam C. Wong. "Confucianization of the Law: A Study of Speech Crime Prosecution in China" Murdoch University Electronic Journal of Law Vol. 11 Iss. 3 (2004)
Available at: http://works.bepress.com/kam_wong/10/