The Logic of Lies: False Accusation and Legal Culture in Late Qing Sichuan

IF 0.6 2区 历史学 Q1 HISTORY
Quinn Javers
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引用次数: 4

Abstract

Introduction False accusation [wugao] was a strategy deployed by a range of individuals in order to bring their complaints to the court for remediation. It lays bare the very real ways in which locals—including the poor—actively shaped formal disputation as it entered the courtroom. The study of false accusation exposes the sophisticated strategies Qing subjects employed to advance their interests in court, and makes clear that even among the rural poor there was a broad knowledge of the workings of the legal system. Indeed, many individuals resorted to cunning strategies to circumvent normal channels of local dispute resolution in order to avail themselves of state authority. Conversely, one also sees the state, as represented by the local magistrate, ignoring the maneuvering and manipulation of locals in order to intervene in local disputes, which were often economic clashes at their root. In this interaction between locals and the county magistrate, the state remained deeply relevant in local life even at the very end of the Qing Dynasty (1644–1912). False accusation cases not only reveal the driving role for locals in the late Qing, but also expose an expanded sphere of state engagement. Instead of turning away cases based on hollow accusations, magistrates went out of their way to rule on the often-petty disputes that lay at their core. Why would they do this? A simple explanation suggests that this is what local governance looked like in the late Qing. Magistrates exhibit a surprising willingness to adjudicate, and turn a blind eye toward the false accusations that landed a case in court. The examination of false accusation cases exhumes an expanded role for the state at the local level.1 The county magistrate’s engagement with the communities he oversaw enhanced the Qing state’s vitality and legitimacy at
谎言的逻辑:清末四川的诬告与法律文化
引言诬告是一系列个人为了将投诉提交法院进行补救而采取的策略。它揭示了当地人——包括穷人——在进入法庭时积极塑造正式争论的真实方式。对诬告的研究揭示了清朝臣民在法庭上为促进他们的利益而采取的复杂策略,并表明即使在农村穷人中,也对法律制度的运作有着广泛的了解。事实上,许多人为了利用国家权威,采取了狡猾的策略来绕过地方争端解决的正常渠道。相反,人们也看到,以地方治安法官为代表的国家无视当地人的操纵和操纵,以干预地方纠纷,而地方纠纷往往是经济冲突的根源。在当地人和县长之间的互动中,即使在清朝末期(1644-1912),国家仍然与当地生活息息相关。诬告案件不仅揭示了晚清地方政府的推动作用,也暴露了国家参与范围的扩大。地方法官没有驳回基于空洞指控的案件,而是不遗余力地对其核心的往往是微不足道的纠纷作出裁决。他们为什么要这样做?一个简单的解释表明,这就是晚清地方治理的样子。治安法官表现出令人惊讶的裁决意愿,并对将案件提交法庭的虚假指控视而不见。对诬告案件的审查揭示了国家在地方层面的作用。1县长与他所监督的社区的接触增强了清朝在
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来源期刊
CiteScore
0.70
自引率
25.00%
发文量
8
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