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Navigating Precedents: Law and Ritual in Early Imperial China
Navigating Precedents: Law and Ritual in Early Imperial China
상세정보
- 자료유형
- 학위논문 서양
- 최종처리일시
- 20260202105110
- ISBN
- 9798297601604
- DDC
- 900
- 서명/저자
- Navigating Precedents: Law and Ritual in Early Imperial China
- 발행사항
- [Sl] : University of California, Berkeley, 2025
- 발행사항
- Ann Arbor : ProQuest Dissertations & Theses, 2025
- 형태사항
- 125 p
- 주기사항
- Source: Dissertations Abstracts International, Volume: 87-04, Section: A.
- 주기사항
- Advisor: Nylan, Michael.
- 학위논문주기
- Thesis (Ph.D.)--University of California, Berkeley, 2025.
- 초록/해제
- 요약This thesis constructs an account of the force and functions of legal, ritual, and classical precedents, through close analysis of the court debates during which Han officials invoked them to champion policies, to reform rites, or to assess crimes. Each chapter considers the extent of the force of Han precedents in Han policy debates, the strategies through which policymakers challenged this force, and the roles that the Classics reportedly played in arguments. Chapter 1 examines a series of arguments that Han emperors should abandon their commitments to following the precedents set by an honored forebear, Emperor Wu (r. 141-86 BCE). This chapter will show that, throughout the Western Han, it was far from settled as to whether many of Emperor Wu's precedents should be deemed binding or problematic. Chapter 2 challenges the common assumption that Han law was an extension of the ruler's will. As it will show, Han legal thinkers were keenly aware that legal precedents could easily be inappropriately manipulated, often to the detriment of the ruler's authority. For this reason, fair legal administration often required adherence to principles that transcended both obligations to the ruler and to following the letter of the written laws. Turning then to ritual, Chapter 3 examines the changing uses of the posthumous title of "Honored Ancestor" (zong 宗) and the Han and pre-Han precedents that policymakers invoked in debates over its meaning. While most scholars have assumed that these debates were settled by recourse to citations from an orthodox classical tradition, this chapter will instead consider how court members constructed the meanings to be attached to this ritual honor through successive reforms, and how the political concerns that guided these reforms likely shaped court members' interpretations of the Classics, rather than the reverse.
- 일반주제명
- History
- 일반주제명
- Ancient history
- 일반주제명
- Asian studies
- 일반주제명
- Asian history
- 키워드
- Emperor Wu
- 키워드
- Han dynasty
- 키워드
- Law
- 키워드
- Precedents
- 키워드
- Rituals
- 기타저자
- University of California, Berkeley History
- 기본자료저록
- Dissertations Abstracts International. 87-04A.
- 전자적 위치 및 접속
- 로그인 후 원문을 볼 수 있습니다.
MARC
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■00520260202105110
■006m o d
■007cr#unu||||||||
■020 ▼a9798297601604
■035 ▼a(MiAaPQ)AAI32237012
■040 ▼aMiAaPQ▼cMiAaPQ
■0820 ▼a900
■1001 ▼aConstantino, Nicholas.
■24510▼aNavigating Precedents: Law and Ritual in Early Imperial China
■260 ▼a[Sl]▼bUniversity of California, Berkeley▼c2025
■260 1▼aAnn Arbor▼bProQuest Dissertations & Theses▼c2025
■300 ▼a125 p
■500 ▼aSource: Dissertations Abstracts International, Volume: 87-04, Section: A.
■500 ▼aAdvisor: Nylan, Michael.
■5021 ▼aThesis (Ph.D.)--University of California, Berkeley, 2025.
■520 ▼aThis thesis constructs an account of the force and functions of legal, ritual, and classical precedents, through close analysis of the court debates during which Han officials invoked them to champion policies, to reform rites, or to assess crimes. Each chapter considers the extent of the force of Han precedents in Han policy debates, the strategies through which policymakers challenged this force, and the roles that the Classics reportedly played in arguments. Chapter 1 examines a series of arguments that Han emperors should abandon their commitments to following the precedents set by an honored forebear, Emperor Wu (r. 141-86 BCE). This chapter will show that, throughout the Western Han, it was far from settled as to whether many of Emperor Wu's precedents should be deemed binding or problematic. Chapter 2 challenges the common assumption that Han law was an extension of the ruler's will. As it will show, Han legal thinkers were keenly aware that legal precedents could easily be inappropriately manipulated, often to the detriment of the ruler's authority. For this reason, fair legal administration often required adherence to principles that transcended both obligations to the ruler and to following the letter of the written laws. Turning then to ritual, Chapter 3 examines the changing uses of the posthumous title of "Honored Ancestor" (zong 宗) and the Han and pre-Han precedents that policymakers invoked in debates over its meaning. While most scholars have assumed that these debates were settled by recourse to citations from an orthodox classical tradition, this chapter will instead consider how court members constructed the meanings to be attached to this ritual honor through successive reforms, and how the political concerns that guided these reforms likely shaped court members' interpretations of the Classics, rather than the reverse.
■590 ▼aSchool code: 0028.
■650 4▼aHistory
■650 4▼aAncient history
■650 4▼aAsian studies
■650 4▼aAsian history
■653 ▼aEmperor Wu
■653 ▼aHan dynasty
■653 ▼aLaw
■653 ▼aPrecedents
■653 ▼aRituals
■690 ▼a0578
■690 ▼a0579
■690 ▼a0342
■690 ▼a0332
■71020▼aUniversity of California, Berkeley▼bHistory.
■7730 ▼tDissertations Abstracts International▼g87-04A.
■790 ▼a0028
■791 ▼aPh.D.
■792 ▼a2025
■793 ▼aEnglish
■85640▼uhttp://www.riss.kr/pdu/ddodLink.do?id=T17359374▼nKERIS▼z이 자료의 원문은 한국교육학술정보원에서 제공합니다.


