Drawing upon a concept developed by Fei Xiaotong, this article offers a preliminary theory for conceptualizing the regulation of criminal acts in imperial China. Centred upon the concept of a ＂differential mode of cr...Drawing upon a concept developed by Fei Xiaotong, this article offers a preliminary theory for conceptualizing the regulation of criminal acts in imperial China. Centred upon the concept of a ＂differential mode of criminalization,＂ this article argues that the Confucianization of law in traditional China emphasized without ambiguity the implications of the closeness/remoteness in human rela- tionships-the measure of distance conditioned upon the two main loci in everyday life, namely blood and non-blood relationships. This differential mode of criminalization fits into the Confucian imagery of a harmonious society.展开更多
文摘Drawing upon a concept developed by Fei Xiaotong, this article offers a preliminary theory for conceptualizing the regulation of criminal acts in imperial China. Centred upon the concept of a ＂differential mode of criminalization,＂ this article argues that the Confucianization of law in traditional China emphasized without ambiguity the implications of the closeness/remoteness in human rela- tionships-the measure of distance conditioned upon the two main loci in everyday life, namely blood and non-blood relationships. This differential mode of criminalization fits into the Confucian imagery of a harmonious society.
