[
    {
        "id": 208411,
        "series_id": 26,
        "series_slug": "histsyn-rashkb-journal-engine",
        "series_title": "RASHKB Journal 皇家亞洲學會香港分會學刊",
        "series_use_hku_proxy": false,
        "document_key": "RAS-1978",
        "page_number": 135,
        "title": "RAS-1978",
        "content_text": "VILLAGE GOVERNMENT IN CHINA, 1933\n\nfrom the right to own property.\n\n119\n\nA recognition of these evils by modern, educated Chinese has led to a vigorous and disruptive attack upon the whole traditional system. Sun Yat-sen recognized these evils, and the new civil code of the Republic aims to break the grip of the family system by altering its legal basis.1\n\nII\n\nAn interesting outcome of this family unity is the theory of mutual responsibility. This theory is of the utmost importance both in family life and in village government, of which it is a cornerstone in legal theory and in practice. The family is collectively and directly responsible for the crimes of each member. Indeed, one of the postulates of Chinese law seems to have been this principle.2 Under the Ch'ing dynasty punishment for the crimes committed by an individual might sometimes be visited upon any or all the members of his family, even to the extent of death for the whole group in serious cases.3\n\nIn customary practice this phenomenon of mutual responsibility is very active. The deeds of each member of the family are the intimate concern of all. Strong pressure will be brought to bear upon an individual to prevent or to correct breaches which might impair the reputation of the family or entangle it in quarrels and law suits. Kulp, in his study of Familism in South China, finds that all offenses except failure to pay taxes are in reality against the family, and are subject to judgment in the first place by the family and its leaders. The extreme inquisitiveness of the typical Chinese villager is but one aspect of this feeling of responsibility for all that\n\n1 China. National Government; The Civil Code of the Republic of China. Vol. II, p. vii. For particular examples see below p. 14, 15.\n\n2 On this point see: Alabaster, Ernest; Notes and Commentaries on Chinese Criminal Law, p. lxx-lxxii, 151, 152, 193-196. On the evils of mutual responsibility, from the legal point of view, ibid., p. lxxi-lxxii,\n\n3 Ta Ch'ing Lu Li, (****), (Sixth Division: Criminal Law, Book I, Sec. 254) translated by Staunton, George T.; Ta Tsing Leu Lee, Being the Fundamental Laws, and a Selection from the Supplementary Statutes of the Penal Code of China, p. 269-270. See also: Alabaster; op. cit., p. lxvi, 466-467; Boulais, Guy; Manuel du Code Chinois, p. 464-466.\n\n4 Kulp, Daniel Harrison; Country Life in South China, Vol. I: Phenix Village, p. XXVIII. (This work will hereafter be referred to as Phenix Village.)\n\nPage 135\n\nPage 136",
        "txt_file_path": "txt/dfo323lmgvd/RAS-1978.txt",
        "external_url": "https://digitalrepository.lib.hku.hk/catalog/8g84t8593",
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    },
    {
        "id": 208437,
        "series_id": 26,
        "series_slug": "histsyn-rashkb-journal-engine",
        "series_title": "RASHKB Journal 皇家亞洲學會香港分會學刊",
        "series_use_hku_proxy": false,
        "document_key": "RAS-1978",
        "page_number": 161,
        "title": "RAS-1978",
        "content_text": "VILLAGE GOVERNMENT IN CHINA, 1933\n\n145\n\nsuch as a broken bridge or a bandit raid. Even such judicial duties as settling disputes between private individuals, spoken of above as the particular duty of the elders, is mentioned by that author as a function of the Ti-pao. Officially he has no such right, and unless he happens to be a village elder he would lack the customary authority which accrues to the accepted leaders of the sib and village group.\n\nVillage government would be able to get on quite well without the Ti-pao, for it has an adequate machinery for almost any internal governmental circumstance. What he does in village affairs, therefore, mostly replaces a function which some one else would do if he did not. It is his position as a link between the village and the state that makes the Ti-pao significant. This will be discussed in the next chapter.\n\n(Chapter 4) THE VILLAGE EXTERNALLY\n\nNo village is completely an isolated unit. On the one hand there are contacts and relations with outsiders and with neighboring villages; on the other, the village is forced to have relations with the Central Government. These external contacts and how they are fitted into or provided for by the scheme of village government are the subject of the present chapter.\n\nI\n\nRelations with outsiders or with other villages are carried on in a thoroughly customary manner, chiefly through the agency of the village temple. It is one of the duties of the temple to form inter-village alliances and treaties, a whole network of which will radiate out from one to many similar temples in other villages.3 Often these treaties are in a true sense alliances, especially in the South, where there have occurred inter-village wars, based upon hereditary feuds. In the main, however, the treaties are economic, relating\n\n1 Jamieson; op. cit., p. 72.\n\n2 Ibid.\n\n3 Leong and Tao; Village and Town Life in China, p. 33.\n\n4 These clan fights are frequently mentioned in the Peking Gazette, and are accorded special treatment in the law. See: Alabaster, Ernest; Notes and Commentaries on Chinese Criminal Law, p. 451, 459-462. For specific examples see ibid., p. 461-462, and Chinese Repository, vol. IV, 1836, p. 411-415. Smith also gives accounts of sporadic \"wars\" in Shantung as late as the end of the last century, though these were not blood feuds, Smith, Arthur H.; Village Life in China, p. 176-178.",
        "txt_file_path": "txt/dfo323lmgvd/RAS-1978.txt",
        "external_url": "https://digitalrepository.lib.hku.hk/catalog/8g84t8593",
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    },
    {
        "id": 208457,
        "series_id": 26,
        "series_slug": "histsyn-rashkb-journal-engine",
        "series_title": "RASHKB Journal 皇家亞洲學會香港分會學刊",
        "series_use_hku_proxy": false,
        "document_key": "RAS-1978",
        "page_number": 181,
        "title": "RAS-1978",
        "content_text": "VILLAGE GOVERNMENT IN CHINA, 1933\n\n165\n\nany contingency of administration which faced the small and self-contained villages of the rural districts in which the great mass of the Chinese people dwelt.\n\nAuthor's note: On rereading this effort of an aspiring young Sinologue in Peking some 45 years ago, the author realizes how quaint it must seem today for the \"state of the art\" is far advanced since then, with a proliferation of on-the-ground studies of Chinese rural life done by sociologists and social anthropologists in China, Hong Kong, and Taiwan. They provide concrete information on village governance richer than all one could find in 1933, C.M.W., 15 October 1979.\n\nBIBLIOGRAPHY\n\nI. WORKS CITED IN THIS PAPER.\n\nAddison, James T.; Chinese Ancestor Worship: a Study of its Meaning and its Relations with Christianity. No place, Chung Hua Shen Kung Hui, 1925.\n\nAlabaster, Ernest; Notes and Commentaries on Chinese Criminal Law and Cognate Topics, London, Luzac, 1899,\n\nBazin; \"Recherches sur les Institutions Administratives et Municipales de la Chine\" (Journal Asiatique. 5th Series, vol. 3, 1854, p. 6-66; vol. 4, 1854, p. 249-348), (The two papers are differentiated by the Roman numerals I and II.)\n\nBishop, Carl W. Man from the Farthest Past. New York Smithsonian Institution, 1930. (Smithsonian Scientific Series, vol. 7.)\n\nBishop, C. W.; \"Prefatory Note on the Worship of Earth in Ancient China.\" (Excavation of a West Han Site. Shanghai, no pub., 1932, p. 1-20.)\n\nBishop, Carl W.; \"The Rise of Civilization in China with Reference to its Geographical Aspects\" (Geographical Review, Oct. 1932, p. 617-631.)\n\nBoulais, Guy; Manuel du Code Chinois. Shanghai, Imprimerie de la Mission Catholique, 1924. (Variétés Sinologiques 55.)\n\nBuck, John L.; Chinese Farm Economy; a Study of 2866 Farms in Seventeen Localities and Seven Provinces in China. Shanghai, Commercial Press, 1930.\n\nChen Huan-chang; The Economic Principles of Confucius and His School, 2 vols. New York, Columbia, 1911.\n\nChina National Government. The Civil Code of the Republic of China. Translated into English by Hsia, Ching-lin: Chow, James L. E.; Chang, Yukon, 2 vols. Shanghai, Kelly and Walsh, 1930-31. vol. 2.\n\nChina Year Book 1932. (Woodhead, H. G. W. Ed.) Shanghai, North-China, 1932.\n\nChinese Repository. See: \"Clanship Among the Chinese.\"",
        "txt_file_path": "txt/dfo323lmgvd/RAS-1978.txt",
        "external_url": "https://digitalrepository.lib.hku.hk/catalog/8g84t8593",
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