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A Research On The Confucius Patriarchal Clan System And Its Codified Privileges

Posted on:2006-10-13Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z C YuanFull Text:PDF
GTID:1116360185954360Subject:Legal history
Abstract/Summary:PDF Full Text Request
A family consists of many households that are closely related to each other by blood. Since the human society entered the age of civilization, families that have the same male ancestry hold together to make up a clan. Families and clans are interrelated, which is probably the reason why the family system and clan system are closely linked. Patriarchal clan system in this paper refers to the principles and codes of conduct which define the rights and obligations of different members of the clan (especially between those who have the say and those who don't), and it stipulates the order in terms of inheritance; and these principles and codes are based on blood relations, the worshipping of their common ancestors and hold-together of a kindred. The clan lays great stress on seniorit-y and superiority. During the latter part of modern Chinese history, modern patriarchal clan system demonstrating power and authority came into being. This system catered very much to the needs of reigning of governments at all levels. It went through continuous developments and perfections (improvement) and it had a great impact on the Chinese society in general for its linkage with state power and social rites and rituals over a time span of nearly a thousand years.The Confucius family is a huge one with common ancestorConfucius. Duke Yansheng (this is a hereditary title for immediate Confucius family members and they are usually responsible for offering sacrifices and family or clan affairs) who resided in the Confucius Mansion established strict and rigorous family structures and organizations because he enjoys privileges as the patriarch and he got some privileges bestowed by emperors of different dynasties of the past. By building a genealogy, setting up a clear-cut hierarchy and mapping out clan codes of conduct, the Duke has been able to maintain a complete and unified clan system. And clan members can go about their daily affairs in an orderly fashion. Seniority is respected and clan members, mostly, follow the clan teachings and obey the clan principles and codes of conduct.The Confucius Mansion archives are the most intact ones preserved by any private clan in China. This collection of archives spans from the reign of Jiajing (1522) Ming Dynasty to the 37th year of the Republic of China (1948), altogether 426 years of historical records. Alter they were carefully organized and assorted, now there are nearly ten thousand volumes of classified and pigeonholed archives. Many are still waiting to be assorted. These archives possess great research values for the evolution of Chinese patriarchal clan system; political, economic and ideological history as well as history of peasant revolutions and the Chinese people's modern revolutions.At present we see some direct researches conducted by academic communities from home and abroad from the legal history perspective, including my humble findings (which are not very systematic and demand some prompt improvements). But the academic world see no further research discoveries. Meanwhile, I am presiding over the National Social Sciences Fund Project-αResearch on Values of Legal Records of Confucius Mansion Archives and the Justice Department Ministry-Level Research Project-αResearch on Confucius Patriarchal Clan System and its Codified privileges . These contribute to my choice of this research topic.This paper attempts to, by exploiting the current historical archive records of the Confucius family, reveal the Confucius patriarchal clan system and various kinds of codified privileges and discuss the major modern Chinese clans' impact on state power with the Confucius family as a representative from the perspective of legal history. It also strives to analyze its profound political and historical significance.In order to achieve goals stated above, this paper employs research methods such as legal historiography, jurisprudence, history, sociology and economics etc... .Seven aspects are elucidated:(1) The organizational structure and the power of the Confucius family. They cover the following areas: the shaping, development of the Confucius family, the organization and officiating of the Confucius Mansion, the Patriarch of the Confucius clan and Yamun, the household registration system.(2) Patriarchal clan system. Specifically it includes classification of the patriarchal clan legal codes, ways of criminating, procedures used to carry out these codes, the characteristics of clan punishments, the relationship of the Confucius patriarchal clan codes to the then state power.(3) The codified political and cultural privileges of the Confucius clan. It covers: hereditary titles, promotion of nobilities, granting mansions and official positions, cultural and educational privileges.(4) The codified economic privileges of the Confucius clan. The following will be discussed: the classification of tenements of the Confucius family, the sources of land property, the incomes earned from tenements, and affairs related to tenements- granting servants, marketplaces of the Confucius Mansion.(5) The judicial privileges of the Confucius clan. It includes: the subpoena, ways of arresting criminal offenders, kinds of punishments for these offenders, treatments in the prosecution process.(6) The conclusion. The impact that the Confucius patriarchal clan legal codes have on state power of its corresponding time periods, the manifestations of patriarchal clan legal codes awareness, and problems that demand immediate attention.(7) The appendix. To increase the sensual understanding of this paper, the author collects and uses seven related photo materials. They are: various versions of the literature of the Confucius Family , the Confucius Pedigree, the examination rooms in Yanzhou of Ming and Qing dynasties, the subpoena of the Confucius Mansion, title deeds of the Confucius Mansion, the written instructions about criminal verdicts from Duke Yansheng, the cane sticks (caning as a kind of punishment) used in courts of the Confucius Mansion.This research will fill up the void since there is a strong lack of patriarchal clan codes findings from a legal perspective and it should possess high academic values. Meanwhile it provides historical records and experiences for government at different levels to properly address the clan issues in China. This paper can also be used as a useful reference for judiciary departments in setting down some related legal criteria.Should there be some places that are considered inappropriate, I hope experts and scholars alike can point out the mistakes so they can be corrected. Any help will be greatly appreciated.
Keywords/Search Tags:the Confucius family, the rank of nobility, patriarchal clan laws, codified privileges, research
PDF Full Text Request
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