Bringing Chinese Law in Line with Western Standards? Problematizing “Chinese” and “Western” in the Late Qing Debate over the New Criminal Code of Great Qing

This article examines the intense debates over the New Criminal Code of Great Qing (Da-Qing xin xinglü) in the National Assembly (Zizheng yuan) during the Qing empire’s New Policy Reform (1901–11). The focus is on the conflict between those who drafted and supported the new code and those who expressed reservations, especially over reform of the laws on filial piety and fornication. The issue of reconfiguring the family and social order through law was closely related to the overarching agenda of twentieth century legal reform in China—making an empire that “ruled through the principle of filial piety” into a modern nation-state that had direct relationships with its citizens. More importantly, an analysis of the late Qing debate over family law enables this article to problematize such concepts as “Chinese” and “Western” during this crucial moment of China’s empire-to-nation transformation. It showcases the paradox of China’s modern-era reforms—a contradiction between imposing Western-inspired order with a largely indigenous logic and maintaining existing sociopolitical order in the name of preserving national identity.     

Love and Marriage Among the Ruins

Abstract

Walker Percy articulated that the American South, liberated by civil rights legislation and economic growth from former strife, was needed in a new quest to save the Union. Percy believed that the troubles facing America were the philosophical and anthropological failures of late-modern thought. Difficult consequences emerged from these failures in the form of failed marriages. The distinctive capacity of the person to intimately love the other for the other's own good is displaced, if not eliminated, by theorists who narrow man to a this-worldly preoccupation while simultaneously denying his unique aspects. One injured element, broached by Percy in his novels The Second Coming and Love in the Ruins, is the shared love of the domestic family that becomes misconceived and misshaped in an age no longer conversant with the sacramental significance of man. Percy's discerning observations in these novels afford a unique purchase on the institution's diminishment in the midst of a humanistic age. The failure of this basic and complex love is one of the most deeply and painfully felt consequences achieved by the intrapersonal splits that have resulted from the age of theorist–consumerism. From man's failures to move beyond ideology and theory emerge his inability to even understand love's connection with his existence.     

家族主义经营——对日本战前企业雇佣制度的考察

20世纪上半叶,日本企业为了缓和劳资矛盾和强化企业内部秩序,纷纷推行以构建家族主义式的劳资关系、劳资沟通协调制度、企业内部培训制度、企业内福利制度、年功主义工资制等为基本内容的家族主义经营模式。这一新型雇佣制度在一定程度上稳定了劳资关系,提高了企业生产效率。