Of all the lawsuits, the county governors handled those primarily involving economic disputes among the people that were resolvable with less than corporal punishment. The first two sections use surviving county archives and focus on a few legal cases to provide a detailed introduction and analysis of what happened from the start of the proceedings to the conclusion of the trial, including various patterns of mid-course resolution. Section 6.3 delves into the normative foundation of these trials, revealing two interpretive approaches: one where the county governor navigates toward optimal coexistence, considering both li 理 (universal reason) and qing 情 (individual circumstances), earning acceptance from disputing parties, the other where the county governor seeks to “uncover the truth” by scrutinizing the facts. This section investigates the practicalities behind these ideals and explores their interaction. Finally, contrasting these trial practices with Western-style trials illuminates their commonalities and disparities and underscores the contrast between “rule-based law” and “public opinion-oriented law.”

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Adjudication

  • Hiroaki Terada

摘要

Of all the lawsuits, the county governors handled those primarily involving economic disputes among the people that were resolvable with less than corporal punishment. The first two sections use surviving county archives and focus on a few legal cases to provide a detailed introduction and analysis of what happened from the start of the proceedings to the conclusion of the trial, including various patterns of mid-course resolution. Section 6.3 delves into the normative foundation of these trials, revealing two interpretive approaches: one where the county governor navigates toward optimal coexistence, considering both li 理 (universal reason) and qing 情 (individual circumstances), earning acceptance from disputing parties, the other where the county governor seeks to “uncover the truth” by scrutinizing the facts. This section investigates the practicalities behind these ideals and explores their interaction. Finally, contrasting these trial practices with Western-style trials illuminates their commonalities and disparities and underscores the contrast between “rule-based law” and “public opinion-oriented law.”