the changing status of women: impact of religion, law, and politics (part 1) religion: religion:...

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The Changing Status of Women: The Changing Status of Women: Impact of Religion, Law, and Impact of Religion, Law, and Politics (Part 1) Politics (Part 1) Religion: Religion: Despeaux & Kohn, Women in Daoism, Ch. 1-5 pp 244-251 Despeaux & Kohn, Women in Daoism, Ch. 1-5 pp 244-251 Paul, Diana Y., Women in Buddhism, “Introduction”, Paul, Diana Y., Women in Buddhism, “Introduction”, “Conclusion”. “Conclusion”. Law: Law: Ch’u T’ung-tsu, Law and Society in Traditional China Ch’u T’ung-tsu, Law and Society in Traditional China Tai, Yen-hui, “Divorce in Traditional China” in Buxbaum, Tai, Yen-hui, “Divorce in Traditional China” in Buxbaum, ed., Chinese Law and Social Change, pp. 75-106. ed., Chinese Law and Social Change, pp. 75-106. Politics: Politics: Observations on Marriage and Inheritance Practices in Observations on Marriage and Inheritance Practices in Early Mongol and Yuan Society with particular reference to Early Mongol and Yuan Society with particular reference to the Levirate” in Holmgren, Jennifer, Marriage, Kinship and the Levirate” in Holmgren, Jennifer, Marriage, Kinship and Power in Northern China. pp III, 127-192. Power in Northern China. pp III, 127-192. 1

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The Changing Status of Women: The Changing Status of Women: Impact of Religion, Law, and Politics Impact of Religion, Law, and Politics

(Part 1)(Part 1) Religion:Religion:

– Despeaux & Kohn, Women in Daoism, Ch. 1-5 pp 244-251Despeaux & Kohn, Women in Daoism, Ch. 1-5 pp 244-251– Paul, Diana Y., Women in Buddhism, “Introduction”, “Conclusion”.Paul, Diana Y., Women in Buddhism, “Introduction”, “Conclusion”.

Law:Law:– Ch’u T’ung-tsu, Law and Society in Traditional ChinaCh’u T’ung-tsu, Law and Society in Traditional China– Tai, Yen-hui, “Divorce in Traditional China” in Buxbaum, ed., Tai, Yen-hui, “Divorce in Traditional China” in Buxbaum, ed.,

Chinese Law and Social Change, pp. 75-106. Chinese Law and Social Change, pp. 75-106. Politics:Politics:

– ““Observations on Marriage and Inheritance Practices in Early Observations on Marriage and Inheritance Practices in Early Mongol and Yuan Society with particular reference to the Mongol and Yuan Society with particular reference to the Levirate” in Holmgren, Jennifer, Marriage, Kinship and Power in Levirate” in Holmgren, Jennifer, Marriage, Kinship and Power in Northern China. pp III, 127-192.Northern China. pp III, 127-192.

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The Changing Status of Women: Impact The Changing Status of Women: Impact of Religion, Confucianism, Law, Religion of Religion, Confucianism, Law, Religion

and Politicsand Politics IntroductionIntroduction Impact of ReligionImpact of Religion

– DaoismDaoism GoddessesGoddesses Ancient immortalsAncient immortals The Daoist womanThe Daoist woman Daoist nunsDaoist nuns

– BuddhismBuddhism Women and BuddhismWomen and Buddhism The Position of Women in BuddhismThe Position of Women in Buddhism Religious Life for WomenReligious Life for Women

The Changing Status of Women: The Changing Status of Women: Impact of Law, Religion and Politics (Part Impact of Law, Religion and Politics (Part

1)1) Impact of LawImpact of Law

– The Development of the LawThe Development of the Law– The Law and the FamilyThe Law and the Family– The Law and PropertyThe Law and Property– The Law and MarriageThe Law and Marriage– The Law and Widow RemarriageThe Law and Widow Remarriage– The Law and DivorceThe Law and Divorce– The Law and ProstitutionThe Law and Prostitution

Impact of Politics– Mongolorization of China and the Impact on the Status of

Women – Ming and Widow Chastity– Qing – widow suicide and prostitution

Summary

IntroductionIntroduction

Confucianism became the state ideology during the Han Confucianism became the state ideology during the Han dynasty and created a framework for society.dynasty and created a framework for society.

Religion and law both existed within the Confucianism Religion and law both existed within the Confucianism framework and while they all influenced each other, both framework and while they all influenced each other, both religion and law had to bow to the political power of religion and law had to bow to the political power of Confucianism.Confucianism.

Women’s status in Late Imperial China eroded through time.Women’s status in Late Imperial China eroded through time.– Under Tang law, even daughters who had married could Under Tang law, even daughters who had married could

inherit if all the male heirs had died.inherit if all the male heirs had died.– In the Song, daughters could still claim inheritance In the Song, daughters could still claim inheritance

especially in the form of a dowry:especially in the form of a dowry: Women kept the dowry after the death of their Women kept the dowry after the death of their

husbands;husbands; They could take it with them if they remarried and;They could take it with them if they remarried and; The dowry would be inherited by her children.The dowry would be inherited by her children.

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Introduction (2)Introduction (2) The conquest of the nomads from the north of Northern The conquest of the nomads from the north of Northern

China had its influences on the northern Chinese but none China had its influences on the northern Chinese but none of these conquerors forced their practices on the Chinese of these conquerors forced their practices on the Chinese population.population.

When the Mongols conquered all of China (Yuan When the Mongols conquered all of China (Yuan dynasty), they forced their practices on the population:dynasty), they forced their practices on the population:– Chinese women to practice Levirate – the woman Chinese women to practice Levirate – the woman

became a member of her husband’s family upon became a member of her husband’s family upon marriage and when widowed would either remain marriage and when widowed would either remain single or be remarried to a relative of her deceased single or be remarried to a relative of her deceased husband such as his son, brother, uncle, or nephew; husband such as his son, brother, uncle, or nephew; she could also be remarried by them to another family.she could also be remarried by them to another family.

– The dowry would remain in the deceased husband’s The dowry would remain in the deceased husband’s family.family.

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Introduction (3)Introduction (3)

When the Chinese drove out the Mongols and ruled When the Chinese drove out the Mongols and ruled under the Ming dynasty, they kept the Mongol practice under the Ming dynasty, they kept the Mongol practice of the control of the dowry by the deceased husband’s of the control of the dowry by the deceased husband’s family.family.– Without the dowry it became almost impossible for Without the dowry it became almost impossible for

the widow to remarry so women began to adopt the the widow to remarry so women began to adopt the Mongol practice of widow suicide.Mongol practice of widow suicide.

During the Ming and Qing times, property inheritance During the Ming and Qing times, property inheritance became almost completely patrilineal and it was more became almost completely patrilineal and it was more acceptable to adopt a male heir than to pass the acceptable to adopt a male heir than to pass the property to daughters.property to daughters.

The Ming government supported the concept of “widow The Ming government supported the concept of “widow suicide” and honored women for doing so.suicide” and honored women for doing so.

The situation got out of hand during the Qing dynasty The situation got out of hand during the Qing dynasty and they and they praised chastity, but condemned suicide.praised chastity, but condemned suicide.

Introduction (4)Introduction (4)

– They said that widows did not kill themselves because to They said that widows did not kill themselves because to honor the memory of their husbands but because their honor the memory of their husbands but because their lives were miserable as widows living with their in-laws.lives were miserable as widows living with their in-laws.

– They said that the widows needed to live on to serve They said that the widows needed to live on to serve their in-laws and the heirs.their in-laws and the heirs.

The Qing government also reinforced the concept of purity The Qing government also reinforced the concept of purity within Confucianism and banned prostitution.within Confucianism and banned prostitution.– Women who were committed to hereditary state Women who were committed to hereditary state

managed prostitution under the concept of music managed prostitution under the concept of music households households yuehu yuehu 乐户 乐户 – – to serve the military – were to serve the military – were made commoners.made commoners.

– Any commoner who practiced prostitution or forced Any commoner who practiced prostitution or forced anyone else to practice prostitution as well as the anyone else to practice prostitution as well as the clients were committing criminal acts.clients were committing criminal acts.

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Impact of ReligionImpact of Religion The two dominant religions in China were Daoism The two dominant religions in China were Daoism 道教道教

and Buddhismand Buddhism 佛教佛教 ..– Daoism was an ancient Chinese native religion that is Daoism was an ancient Chinese native religion that is

based on nature.based on nature. In Daoism, the In Daoism, the yinyin and and yangyang are said to have are said to have

produced everything in the universe; each was produced everything in the universe; each was indispensable and necessary; it was believed that:indispensable and necessary; it was believed that:

– YinYin corresponded to the moon, water, weakness, corresponded to the moon, water, weakness, depth and to all things feminine.depth and to all things feminine.

– Yang Yang corresponded to brightness, the sun, corresponded to brightness, the sun, strength, fortitude and to all things masculinestrength, fortitude and to all things masculine..

– Daoism emphasizes the importance of Daoism emphasizes the importance of yinyin as passivity as passivity and that it is superior to activity which is and that it is superior to activity which is yangyang..

– Daoists revered the female as she is closer to the basic Daoists revered the female as she is closer to the basic forces of nature than the male as it is in her womb that forces of nature than the male as it is in her womb that new life is created and nurtured; female Daoist priests new life is created and nurtured; female Daoist priests were equal to male ones.were equal to male ones.

Impact of ReligionImpact of Religion (2) (2)– Believing that the female has the indispensable elixir to life, Believing that the female has the indispensable elixir to life,

Daoists developed sexual practices where the male gains Daoists developed sexual practices where the male gains immortality, through sexual practices, by absorbing the immortality, through sexual practices, by absorbing the female female yinyin essence sending that, with his semen, through essence sending that, with his semen, through mental concentration, upward through the spinal cord into mental concentration, upward through the spinal cord into his brain.his brain. This knowledge was kept from the woman so that she This knowledge was kept from the woman so that she

could not achieve immortality by reversing the procedure, could not achieve immortality by reversing the procedure, draining him of his vital essence.* draining him of his vital essence.* *(van Gulik, Sexual Life in *(van Gulik, Sexual Life in Ancient China pp 5-8; Alicia Ishihara and Howard Levy (trans) The Tao of Sex)Ancient China pp 5-8; Alicia Ishihara and Howard Levy (trans) The Tao of Sex)

Buddhism is the religion and philosophy based on the teachings Buddhism is the religion and philosophy based on the teachings of the Buddha who lived in India between about 563-483 B.C.E.of the Buddha who lived in India between about 563-483 B.C.E.– Buddhists believe in universal love and compassion appealing Buddhists believe in universal love and compassion appealing

to the spiritual needs of the Chinese woman. to the spiritual needs of the Chinese woman. Unlike Daoism, Buddhist nuns were always inferior to Unlike Daoism, Buddhist nuns were always inferior to

monks, must be ordained by them and could not perform monks, must be ordained by them and could not perform the same functions.the same functions.

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Impact of Religion: DaoismImpact of Religion: Daoism

Daoism is based on the philosophy of the mystic Daoism is based on the philosophy of the mystic LaoziLaozi 老子 老子 , , who supposedly lived around the same who supposedly lived around the same time as Confucius.time as Confucius.– There is some doubt as to whether There is some doubt as to whether LaoziLaozi really really

existed as the name means Old One or Old Master. existed as the name means Old One or Old Master. The texts of the basic concepts of Daoism -- The texts of the basic concepts of Daoism --

Daoxejing Daoxejing 道德经道德经 and the and the Zhuangzi Zhuangzi 庄子 庄子 – – date back date back tto the Warring States Period o the Warring States Period 战战国时代国时代 of the Zhou of the Zhou dynasty.dynasty.

By the early Han, Laozi was worshipped as a god By the early Han, Laozi was worshipped as a god along with the Yellow Emperor. along with the Yellow Emperor.

Daoism believed in the Daoism believed in the yin-yangyin-yang principle – that principle – that aggressive action brings about reaction and therefore aggressive action brings about reaction and therefore gentle noninterference or keeping within non-action gentle noninterference or keeping within non-action 无为 无为 is recommended.is recommended.

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Impact of Religion: Daoism (2)Impact of Religion: Daoism (2) Daoism has been associated with the common people Daoism has been associated with the common people

and in its 2,500 years of history, Daoism has related to and in its 2,500 years of history, Daoism has related to women in many different ways.women in many different ways.– Daoism was caught between its ideals of the power of Daoism was caught between its ideals of the power of

the feminine and the realities of a patriarchal society the feminine and the realities of a patriarchal society and had to bow to the greater power of those who and had to bow to the greater power of those who advocated Confucianism and had to adapt to it.advocated Confucianism and had to adapt to it.

As a native religion, Daoism kept all the ancient As a native religion, Daoism kept all the ancient goddesses as well as the nature goddesses and these goddesses as well as the nature goddesses and these served as role models for women and gave them hope served as role models for women and gave them hope for a better after life.for a better after life.

Two of the important goddesses were the Two of the important goddesses were the Queen Mother Queen Mother of the West (of the West (Xiwang mu Xiwang mu 西西王母王母 ) and the Mother of the ) and the Mother of the Dao Dao Daomu Daomu 道母道母 (Mother of (Mother of LaoziLaozi, founder of Daoism)., founder of Daoism).

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Impact of Religion: GoddessesImpact of Religion: Goddesses The Queen Mother of the West (The Queen Mother of the West (Xiwang Mu Xiwang Mu 西王母西王母 ) was the ) was the

oldest and most important goddess of all the Daoist gods oldest and most important goddess of all the Daoist gods and goddesses.and goddesses.

The earliest mention of her is from the Shang dynasty The earliest mention of her is from the Shang dynasty (1766-1122 B.C.E.), and is found on an oracle bone (1766-1122 B.C.E.), and is found on an oracle bone mentioning an Eastern Mother and a Western Mother.mentioning an Eastern Mother and a Western Mother.– She lives on mountain of She lives on mountain of Kunlun Kunlun 昆仑山 昆仑山 range [range [one of the one of the

longest mountain chains in Asia, extending more than longest mountain chains in Asia, extending more than 3,000 km. It runs from east to west along the northern 3,000 km. It runs from east to west along the northern part of the Tibetan plateau to form the border range of part of the Tibetan plateau to form the border range of northern Tibet. The highest mountain of the Kunlun Shan northern Tibet. The highest mountain of the Kunlun Shan is the Kunlun Goddess (7,167 m)] is the Kunlun Goddess (7,167 m)] and rules all the and rules all the immortals.immortals.

– Occasionally she comes down to the world of mortals and Occasionally she comes down to the world of mortals and shares her secrets but has shares her secrets but has never taken human form.never taken human form.

– Among the philosophers, she is said to be a mythical ruler Among the philosophers, she is said to be a mythical ruler or an inspiring teacher of sage kings:or an inspiring teacher of sage kings:

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Impact of Religion: Goddesses (2)Impact of Religion: Goddesses (2)

By the Han dynasty (206 B.C.E.-220 C.E.), this powerful By the Han dynasty (206 B.C.E.-220 C.E.), this powerful goddess became known as one who protects people from goddess became known as one who protects people from deadly diseases and famine and grants them long life and deadly diseases and famine and grants them long life and immortality.immortality.

As the perfect heavenly power of As the perfect heavenly power of yinyin, the Queen Mother of , the Queen Mother of the West shows the power of women in different areas of life:the West shows the power of women in different areas of life:– She is the personification of the She is the personification of the DaoDao and the key and the key

administrator of the universe.administrator of the universe.– She shows the power of female sexuality which She shows the power of female sexuality which

harmonizes the harmonizes the yinyin and and yangyang..– She represents a strong woman who dominates the power She represents a strong woman who dominates the power

exchange, using men — preferably young — to acquire exchange, using men — preferably young — to acquire essence to nourish her own health and longevity.essence to nourish her own health and longevity.

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Impact of Religion: GoddessesImpact of Religion: Goddesses(3)(3)

– She shows that:She shows that: Women are important and have the potential to Women are important and have the potential to

run important aspects of life with competent run important aspects of life with competent management and full responsibility.management and full responsibility.

Women are able to have superior ability and Women are able to have superior ability and great leadership.great leadership.

Women should follow her example and be able Women should follow her example and be able to be selfish and attain pleasure and power.to be selfish and attain pleasure and power.

Women’s sexuality is not just for reproduction Women’s sexuality is not just for reproduction or for the benefit of men.or for the benefit of men.

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Impact of Religion: Goddesses Impact of Religion: Goddesses (4)(4) The Mother of the Dao (of Laozi) was born of heavenly The Mother of the Dao (of Laozi) was born of heavenly

forces and became a human being.forces and became a human being.– The essence of the sun descended as a shooting star The essence of the sun descended as a shooting star

and entered her mouth while she was taking an and entered her mouth while she was taking an afternoon nap and she gave birth to Lord Lao/Laozi afternoon nap and she gave birth to Lord Lao/Laozi 老老子子 ..

– After raising Lord Lao to be a savior of men she was After raising Lord Lao to be a savior of men she was taken into heaven by flowery chariots and numerous taken into heaven by flowery chariots and numerous attendants. attendants.

– Her son, is thought to be of heavenly origin and is Her son, is thought to be of heavenly origin and is worshipped as a key god, who has:worshipped as a key god, who has: Revealed and presented the heavenly scriptures and Revealed and presented the heavenly scriptures and

secrets to humanity.secrets to humanity. In charge of human fate and immortality and In charge of human fate and immortality and

accessible to people.accessible to people. Invented the practice and teaching of sexual Invented the practice and teaching of sexual

techniques.techniques.

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Impact of Religion: Goddesses Impact of Religion: Goddesses (5)(5) The goddess is a good, steady woman – observing rules and The goddess is a good, steady woman – observing rules and

gaining fame and status through her divine son whom she gaining fame and status through her divine son whom she carries, teaches and protects.carries, teaches and protects.

She is the ideal female as seen in Confucian society, a She is the ideal female as seen in Confucian society, a model and support for women.model and support for women.

Her career — from daughter to wife/mother to teacher and Her career — from daughter to wife/mother to teacher and eventually ancestor — matches the ideal cycle of women on eventually ancestor — matches the ideal cycle of women on earth.earth.– She shows the fulfillment of women as daughters, wives She shows the fulfillment of women as daughters, wives

and mothers.and mothers.– It matches the pattern of Confucian men who is to It matches the pattern of Confucian men who is to

progress from son to husband/father to official to progress from son to husband/father to official to ancestor.ancestor.

– As such, she represents the successful Chinese woman.As such, she represents the successful Chinese woman. There is no hint of administrative powers, no emphasis on There is no hint of administrative powers, no emphasis on

sexuality or the essence of sexuality or the essence of yinyin; no communication between ; no communication between the two worlds.the two worlds.

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Impact of Religion: Impact of Religion: Ancient Immortals Ancient Immortals Besides gods and goddesses, immortals are revered.Besides gods and goddesses, immortals are revered.

– Being immortal was to have gone beyond the limitations Being immortal was to have gone beyond the limitations of this world and have ascended to a higher level.of this world and have ascended to a higher level.

– Women were equally able to attain immortality and used Women were equally able to attain immortality and used the same methods – refining the same methods – refining qiqi 气 气 through breath, food, through breath, food, and sexual hygiene.and sexual hygiene.

To become an immortal:To become an immortal:– One lived separate from society, practiced techniques of One lived separate from society, practiced techniques of

physical and spiritual control, had their minds set on physical and spiritual control, had their minds set on interaction with the spirit world and acquired magical interaction with the spirit world and acquired magical powers as they advanced in their training.powers as they advanced in their training.

– They would bring sacred texts from the gods and They would bring sacred texts from the gods and goddesses to human beings.goddesses to human beings.

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Impact of Religion: Impact of Religion: The Daoist womanThe Daoist woman As Daoism respects theAs Daoism respects the yin yin force more than the force more than the yangyang, ,

Daoist women can:Daoist women can:– Achieve immortality.Achieve immortality.– Become priests, nuns, or mediums.Become priests, nuns, or mediums.– Become independent persons through self-Become independent persons through self-

cultivation.cultivation. The Daoist goddesses and immortals served as role The Daoist goddesses and immortals served as role

models to living women.models to living women.– It reflected the wishes of women who were usually It reflected the wishes of women who were usually

married and lived under Confucian restrictions.married and lived under Confucian restrictions. While women were exploited by Daoist sexual While women were exploited by Daoist sexual

practices they could reverse the practice and draw practices they could reverse the practice and draw the elixir of life from men.the elixir of life from men.

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Impact of Religion: The Daoist woman: Impact of Religion: The Daoist woman: Tang to QingTang to Qing

The imperial family of the Tang dynasty (The imperial family of the Tang dynasty (618-907) 618-907) claimed claimed Lord Lao Lord Lao Laozi Laozi as their ancestor and so favored Daoism and as their ancestor and so favored Daoism and Daoist writings were raised to the level of Confucian classics.Daoist writings were raised to the level of Confucian classics.

During that time:During that time:– There were 1,687 Daoist monasteries, 1127 for men and There were 1,687 Daoist monasteries, 1127 for men and

550 for women.550 for women.– Widows and divorcees found active roles as priests and Widows and divorcees found active roles as priests and

nuns who served as priests and healers and contributed to nuns who served as priests and healers and contributed to the shaping of Daoist organizations.the shaping of Daoist organizations.

– Some imperial women took vows and used the convent as Some imperial women took vows and used the convent as a way to honor their late husband’s memory and attain a way to honor their late husband’s memory and attain perfection for themselves.perfection for themselves.

– Daoist convents also served as convenient places to hold Daoist convents also served as convenient places to hold women unfit for society such as ex-concubines, former women unfit for society such as ex-concubines, former courtesans, aging entertainers.courtesans, aging entertainers.

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Impact of Religion: The Daoist Impact of Religion: The Daoist woman: woman:

Tang to Qing (2)Tang to Qing (2) When the Tang ended, support for Daoism declined When the Tang ended, support for Daoism declined

and the priests and nuns wandered the countryside and the priests and nuns wandered the countryside looking for support.looking for support.– Daoist nuns began to offer healing, exorcism, and Daoist nuns began to offer healing, exorcism, and

protection to the merchant class and population. protection to the merchant class and population. The women of the Song (960-1279) and Yuan (1271-The women of the Song (960-1279) and Yuan (1271-

1368) founded different schools and played an active 1368) founded different schools and played an active role in society working successfully with divinities, role in society working successfully with divinities, emperors, and aristocrats.emperors, and aristocrats.– These women were well educated and literate, These women were well educated and literate,

coming from the upper classes.coming from the upper classes.– They were writers and poets. They were writers and poets.

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Impact of Religion: Impact of Religion: Daoist NunsDaoist Nuns Most women who joined the convents were from Daoist Most women who joined the convents were from Daoist

families.families.– Daughters could only convert with the family’s consent Daughters could only convert with the family’s consent

as it involved social changes and financial obligations:as it involved social changes and financial obligations:– She had to first become pure by living alone or with a She had to first become pure by living alone or with a

teacher, who was either another woman or a married teacher, who was either another woman or a married priest.priest.

– She had to avoid contact with ordinary people and find She had to avoid contact with ordinary people and find peace of mind.peace of mind.

– Then, she trained at an institution leading to:Then, she trained at an institution leading to: Different levels of ordination with the right to Different levels of ordination with the right to

perform rituals, attain senior rank in the convent or perform rituals, attain senior rank in the convent or set up her own.set up her own.

Daoist nuns had more equality with men than Buddhist Daoist nuns had more equality with men than Buddhist nuns:nuns:

They went through the same ordination ceremonies They went through the same ordination ceremonies as the men.as the men.

They had the same status as men; serving as priests They had the same status as men; serving as priests in ritual functions and as nuns in self-cultivation.in ritual functions and as nuns in self-cultivation.

Impact of Religion: BuddhismImpact of Religion: Buddhism

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Buddhism teachings concerned the suffering of life, how to Buddhism teachings concerned the suffering of life, how to overcome suffering, and be truly happy. overcome suffering, and be truly happy. – Buddha taught that:Buddha taught that:

Life is imperfect and that we suffer because we desire Life is imperfect and that we suffer because we desire and that we can end our suffering by letting go of and that we can end our suffering by letting go of desire. desire.

We should avoid all evil and do good. We should avoid all evil and do good. We should purify our mind. We should purify our mind.

Buddhism introduced the concept of “rebirth”.Buddhism introduced the concept of “rebirth”. Buddhism spread slowly from India to Central Asia, Tibet, Buddhism spread slowly from India to Central Asia, Tibet,

Sri Lanka, southeast Asia, and China.Sri Lanka, southeast Asia, and China.– It began as a religion with large monasteries where It began as a religion with large monasteries where

monks studied the sutras and debated over their monks studied the sutras and debated over their meaning.meaning.

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Impact of Religion: Buddhism (2)Impact of Religion: Buddhism (2)

As Buddhism spread through Asia, the teachings As Buddhism spread through Asia, the teachings divided into two schools:divided into two schools:– Theravada Buddhism Theravada Buddhism (Hinayana) – the Lesser (Hinayana) – the Lesser

Vehicle.Vehicle.– Mahayana Buddhism – the Greater Vehicle.Mahayana Buddhism – the Greater Vehicle.

The major difference between the two is whether The major difference between the two is whether enlightenment or salvation is possible for all enlightenment or salvation is possible for all humankind.humankind.

The "Greater Vehicle" (literally, "The Greater Ox-The "Greater Vehicle" (literally, "The Greater Ox-Cart") or Mahayana teaches Cart") or Mahayana teaches that all can become that all can become enlightened and is dominant in China, Korea, enlightened and is dominant in China, Korea, Vietnam and Japan.Vietnam and Japan.

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Impact of Religion: Buddhism (3)Impact of Religion: Buddhism (3) Mahayana Buddhism is more egalitarian than the earlier form Mahayana Buddhism is more egalitarian than the earlier form

of Buddhism. of Buddhism. It is more supportive of women:It is more supportive of women:

– It came up with the theory of Gender Transformation from It came up with the theory of Gender Transformation from Female to Male in order to insist that women can also Female to Male in order to insist that women can also attain Buddha-hood.attain Buddha-hood.

Gender Transformation did not have to include rebirth but Gender Transformation did not have to include rebirth but can be physical transformation within an instant while can be physical transformation within an instant while attaining Buddha-hood.attaining Buddha-hood.– This is to overcome the assumption that a woman cannot This is to overcome the assumption that a woman cannot

achieve salvation without having been first reborn a man.achieve salvation without having been first reborn a man. According to the Lotus Sutra it can be done within an instant.According to the Lotus Sutra it can be done within an instant. To answer women’s needs, the male bodhisattva To answer women’s needs, the male bodhisattva

Avalokiteshvara was transformed into a female – Guanyin – Avalokiteshvara was transformed into a female – Guanyin – “Observing the Sounds of the World.” “Observing the Sounds of the World.”

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Impact of Religion: Impact of Religion: Buddhist NunsBuddhist Nuns

Buddha taught for 45 years and gathered about 1,250 Buddha taught for 45 years and gathered about 1,250 disciples, all were men.disciples, all were men.

Later, he said that women had equal potential to Later, he said that women had equal potential to achieve enlightenment and allowed for Buddhist nuns.achieve enlightenment and allowed for Buddhist nuns.

After his death Buddhism became more conservative After his death Buddhism became more conservative and it was decided that:and it was decided that:– ““A nun of even a hundred years’ standing shall A nun of even a hundred years’ standing shall

salute, rise to meet, ask humbly, and be respectful salute, rise to meet, ask humbly, and be respectful of a monk, even if he be but that day ordained. of a monk, even if he be but that day ordained.

– It was said that “This regulation shall be honored, It was said that “This regulation shall be honored, esteemed, revered, and worshipped, and is not to be esteemed, revered, and worshipped, and is not to be transgressed as long as life shall last.”transgressed as long as life shall last.”

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Impact of LawImpact of LawThe School of LawThe School of Law

The developers of the School of Law – Legalists –The developers of the School of Law – Legalists –believed that All persons, by nature, act according to believed that All persons, by nature, act according to one principle:one principle:– Avoid punishment while trying to achieve gainsAvoid punishment while trying to achieve gains

The law must, therefore: The law must, therefore: – Severely punish any unwanted action;Severely punish any unwanted action;– Reward those who follow the law.Reward those who follow the law.

Legalists insisted on equality under the law for all.Legalists insisted on equality under the law for all. Legalists and Confucians were both responsible for Legalists and Confucians were both responsible for

the development of Chinese law but they saw society the development of Chinese law but they saw society and the application of the law differently.and the application of the law differently.

2727

Confucianization of the LawConfucianization of the Law Confucians relied on Confucians relied on li li 礼 礼 (the proper way of doing (the proper way of doing

things) and it is different depending on the individual’s things) and it is different depending on the individual’s position in the family and in society.position in the family and in society.– They believed that human beings are different in They believed that human beings are different in

intelligence and in virtue and so there is a division of intelligence and in virtue and so there is a division of labour.labour.

– An individual’s social status determined his way of An individual’s social status determined his way of life, his rights and obligations under the law, the his life, his rights and obligations under the law, the his punishment for offenses.punishment for offenses.

Confucians believed that the law should recognize the Confucians believed that the law should recognize the different statuses of individuals and so people of different statuses of individuals and so people of different statuses should not be treated alike before the different statuses should not be treated alike before the law.law. Therefore, disputes between family members should Therefore, disputes between family members should

always be judged according to the individual’s place always be judged according to the individual’s place in the group.in the group.

2828

Confucianization of the LawConfucianization of the Law

When the Confucians took over the government during When the Confucians took over the government during the Han dynasty, they administered the law and the Han dynasty, they administered the law and incorporated the concept of incorporated the concept of lili into the law. And the into the law. And the family and the class system became basic features in family and the class system became basic features in Chinese traditional law.Chinese traditional law.– The law recognized the supremacy of husbands over The law recognized the supremacy of husbands over

wives.wives.– The law recognized the parents’ authority over their The law recognized the parents’ authority over their

children.children.– The children had no independent right to own private The children had no independent right to own private

property or to live separate from their parents.property or to live separate from their parents.– They could not choose their own spouses.They could not choose their own spouses.

2929

Women Under Early Law Women Under Early Law

The oldest laws that we have on China at the present The oldest laws that we have on China at the present time are the laws of the Tang dynasty.time are the laws of the Tang dynasty.

We know of earlier laws from what is written in We know of earlier laws from what is written in historical records – but, we do not have a collection historical records – but, we do not have a collection of laws – might have been destroyed during wars.of laws – might have been destroyed during wars.

According to historical records, it was believed that According to historical records, it was believed that women deserved fair treatment as much as men; women deserved fair treatment as much as men; although fairness did not mean equality.although fairness did not mean equality.

There was also concern for particularly vulnerable There was also concern for particularly vulnerable women such as widows and slaves – widows were women such as widows and slaves – widows were especially protected against economic exploitation.especially protected against economic exploitation.

3030

Law and the FamilyLaw and the Family Chinese kinship is patrilineal; maternal relatives are called Chinese kinship is patrilineal; maternal relatives are called

outside relatives (outside relatives ( 外家)外家) .. The relationship to the father’s clan is much closer to that of The relationship to the father’s clan is much closer to that of

the mother’s clan.the mother’s clan.– The mourning period was shorter for the relatives on the The mourning period was shorter for the relatives on the

mother’s side.mother’s side. Family property was usually held in common for three Family property was usually held in common for three

generations or as long as the senior male head of the generations or as long as the senior male head of the household is alive.household is alive.

Some families lived together for several hundred years with Some families lived together for several hundred years with 1,000 family members living together but this was the 1,000 family members living together but this was the exception.exception.

Under the Ming Under the Ming 明 明 and Qingand Qing 清清 law, if a woman committed a law, if a woman committed a crime (except for adultery or a crime punishable by death) crime (except for adultery or a crime punishable by death) she was placed in the custody of her husband.she was placed in the custody of her husband.

3131

The Law and PropertyThe Law and Property The father exercised supreme authority over the family The father exercised supreme authority over the family

property.property. When the household property is divided upon the death of When the household property is divided upon the death of

the senior head of household, the wife does not get a share.the senior head of household, the wife does not get a share. However, if he dies without leaving a son, everything that However, if he dies without leaving a son, everything that

belonged to him goes into his widow’s custody and she can belonged to him goes into his widow’s custody and she can write a will on how to divide the property upon her death.write a will on how to divide the property upon her death.

An unmarried female is a dependent who is temporarily An unmarried female is a dependent who is temporarily taken care of until she is married.taken care of until she is married.– Her dowry is usually half of the share of her brother’s Her dowry is usually half of the share of her brother’s

inheritance.inheritance.– If there are no sons, the daughter may inherit.If there are no sons, the daughter may inherit.

3232

The Law and MarriageThe Law and Marriage Marriage is a bond of affection between two surnames Marriage is a bond of affection between two surnames 亲家亲家

and it serves the ancestral temple and continues the family and it serves the ancestral temple and continues the family line.line.

Family was therefore more important than the individual.Family was therefore more important than the individual. Marriage between persons of the same surname – was not Marriage between persons of the same surname – was not

allowed [from the time of the Zhou allowed [from the time of the Zhou 周 周 dynasty (1027-dynasty (1027-256BCE)].256BCE)].– If a man wants a concubine whose surname is not known, he must ask If a man wants a concubine whose surname is not known, he must ask

for a divination for her surname.for a divination for her surname. During the Tang During the Tang 唐 唐 and Songand Song 宋宋 , punishment for marrying , punishment for marrying

someone of the same surname (not of the same clan) was 2 someone of the same surname (not of the same clan) was 2 years imprisonment; if the couple was from the same clan, the years imprisonment; if the couple was from the same clan, the punishment was more severe.punishment was more severe.– If the couple was closely related within the same clan, the If the couple was closely related within the same clan, the

couple was punished as if they had committed incest.couple was punished as if they had committed incest.

The Law and DowryThe Law and Dowry

The woman retained control of her dowry – may be in the The woman retained control of her dowry – may be in the form of property, cash, jewelery, etc. – after marriage form of property, cash, jewelery, etc. – after marriage until the end of the Songuntil the end of the Song 宋宋 dynasty.dynasty.

The dowry would be inherited by her children upon her The dowry would be inherited by her children upon her death.death.

Should she divorce and return to her family, she would Should she divorce and return to her family, she would take the dowry with her.take the dowry with her.

Should she divorce and remarry she would also take the Should she divorce and remarry she would also take the dowry with her.dowry with her.

The Yuan The Yuan 元 元 dynasty changed the law so that the dowry dynasty changed the law so that the dowry no longer remained under the control of the wife but no longer remained under the control of the wife but belonged to the husband’s family upon marriage.belonged to the husband’s family upon marriage.

The wife no longer had any economic assets.The wife no longer had any economic assets.

3333

3434

The Law and RemarriageThe Law and Remarriage

The divorced or widowed woman, especially those The divorced or widowed woman, especially those without children, had the right to remarry.without children, had the right to remarry.

Under Qin Under Qin 秦 秦 law, childless widows could freely law, childless widows could freely remarry; widows with children could not as they remarry; widows with children could not as they were forever bound to their husband’s family.were forever bound to their husband’s family.

The life of a divorced woman living back home was The life of a divorced woman living back home was hard and so women tended to remarry as it allowed hard and so women tended to remarry as it allowed them to participate in a society organized along them to participate in a society organized along patrilineal kinship lines.patrilineal kinship lines.

There was always opposition to the remarriage of There was always opposition to the remarriage of women as it was felt that it confused bloodlines and women as it was felt that it confused bloodlines and property rights as the woman removed her dowry property rights as the woman removed her dowry from the original husband’s family.from the original husband’s family.

3535

The Law and Widow RemarriageThe Law and Widow Remarriage

If the widow of a senior official remarries, she would gain the If the widow of a senior official remarries, she would gain the rank of her new husband.rank of her new husband.

No stigma was attached to remarriage and the refusal of No stigma was attached to remarriage and the refusal of widows to remarry was the widows to remarry was the exceptionexception rather than the rule. rather than the rule.

Both men and women who had lost their spouses remarried Both men and women who had lost their spouses remarried although it was more complex for women with children.although it was more complex for women with children.

Under Qing Under Qing 清 清 law, a chaste widow (one who does not law, a chaste widow (one who does not remarry) had the right to independent control of her remarry) had the right to independent control of her deceased husband’s share of his father’s property although deceased husband’s share of his father’s property although she might have problems with her in-laws as the surviving she might have problems with her in-laws as the surviving brothers of her husband would resent it. brothers of her husband would resent it. – If her husband had no sons, then an heir would be named If her husband had no sons, then an heir would be named

to carry on her husband’s line and to care for her in her to carry on her husband’s line and to care for her in her old age.old age.

3636

Law and Widow Remarriage (2)Law and Widow Remarriage (2)

Under Ming Under Ming 明 明 and Qing and Qing 清 清 laws, if the widow remarried, laws, if the widow remarried, she had left her husband’s lineage and so would lose all she had left her husband’s lineage and so would lose all claim to property including any dowry she had brought claim to property including any dowry she had brought into the marriage.into the marriage.

Her children would remain in the lineage and so she would Her children would remain in the lineage and so she would lose them.lose them.

Most remarriages occur within the first three years of the Most remarriages occur within the first three years of the husband’s death.husband’s death.

The reason for the remarriage is usually poverty.The reason for the remarriage is usually poverty.– Some widows had to remarry quickly in order to pay off Some widows had to remarry quickly in order to pay off

her husband’s debts and to pay for his funeral expenses.her husband’s debts and to pay for his funeral expenses.– It was also common for poor widows to take her It was also common for poor widows to take her

children into the second marriage.children into the second marriage.

3737

The Law and DivorceThe Law and Divorce Qin Qin 秦 秦 divorce law drew from both customs and divorce law drew from both customs and

patrilineal ideals.patrilineal ideals.– Male initiated divorce was quite unrestricted and Male initiated divorce was quite unrestricted and

officials were concerned mainly with records.officials were concerned mainly with records.– Female initiated divorce was less frequent and women Female initiated divorce was less frequent and women

who abandoned their husbands and married another who abandoned their husbands and married another could be punished.could be punished.

Women could divorce their husbands and records show Women could divorce their husbands and records show that women divorced husbands for reasons including that women divorced husbands for reasons including poverty, disease and difficult in-laws.poverty, disease and difficult in-laws.

Early law often treated the family as a single legal unit.Early law often treated the family as a single legal unit.– The marriage of a high-status woman to the family The marriage of a high-status woman to the family

raised the status of the husband’s family. raised the status of the husband’s family. If she divorced her husband, his family would suffer If she divorced her husband, his family would suffer

shame.shame. If she remarried, her husband’s family would suffer If she remarried, her husband’s family would suffer

further humiliation.further humiliation.

3838

The Law and Divorce (2)The Law and Divorce (2) Since the purpose of marriage was to benefit the family and Since the purpose of marriage was to benefit the family and

produce sons to continue the family line, the personal produce sons to continue the family line, the personal relationship between husband and wife was of secondary relationship between husband and wife was of secondary importance.importance.

If the marriage cannot achieve its objective to benefit the If the marriage cannot achieve its objective to benefit the family then it could or should be dissolved.family then it could or should be dissolved.

Consent by both families was necessary for divorce as Consent by both families was necessary for divorce as marriage was arranged by them.marriage was arranged by them.

As early as the Spring and Autumn period, wives can only be As early as the Spring and Autumn period, wives can only be divorced on the basis of proper legal grounds.divorced on the basis of proper legal grounds.– Concubines could be divorced without grounds.Concubines could be divorced without grounds.

From the Tang period on, the law of every dynasty provided From the Tang period on, the law of every dynasty provided for divorce only on the basis of legal grounds.for divorce only on the basis of legal grounds.– In China there was a gap between custom and the written law since In China there was a gap between custom and the written law since

few people went to the courts concerning personal affairs. few people went to the courts concerning personal affairs.

3939

The Law and Divorce (3)The Law and Divorce (3)

There were penalties for a man divorcing his wife without There were penalties for a man divorcing his wife without grounds/reasons but the penalties were not often grounds/reasons but the penalties were not often enforced as the wife’s family had to bring the case to the enforced as the wife’s family had to bring the case to the proper authorities.proper authorities.

There were also penalties for desertion by either the There were also penalties for desertion by either the husband or the wife.husband or the wife.

When a divorce is initiated by a husband and the wife When a divorce is initiated by a husband and the wife refuses to accept it she could bring the matter before the refuses to accept it she could bring the matter before the authorities who would then decide.authorities who would then decide.

Under the Law, there were three kinds of divorces:Under the Law, there were three kinds of divorces:– The Seven conditions The Seven conditions – Mutual consent Mutual consent – Breaking the BondBreaking the Bond

4040

The Law and Divorce (4)The Law and Divorce (4) There were three ways of getting divorces:There were three ways of getting divorces:

– Simple – no exchange of money and executed by the husband stating Simple – no exchange of money and executed by the husband stating that the wife was free to remarry.that the wife was free to remarry.

– Ransom documents: -- the husband could recover the marriage gift Ransom documents: -- the husband could recover the marriage gift from the wife’s family; no grounds need to be given but the amount of from the wife’s family; no grounds need to be given but the amount of money changing hands had to be stated.money changing hands had to be stated.

– Divorce documents – contracted for the remarriage or sale of the wife Divorce documents – contracted for the remarriage or sale of the wife by the husband instead of returning her to her natal family. by the husband instead of returning her to her natal family. Used when the wife had committed a serious offense such as Used when the wife had committed a serious offense such as

adultery or illegal remarriage. This also happened when the family adultery or illegal remarriage. This also happened when the family was poor but he had to first ask her family to ransom her. was poor but he had to first ask her family to ransom her.

When a widow wanted to return to her own family or When a widow wanted to return to her own family or remarry, she had to first obtain a sort of divorce from her in-remarry, she had to first obtain a sort of divorce from her in-laws.laws.– In many cases, the wife’s family had to state that she would make no claims In many cases, the wife’s family had to state that she would make no claims

on her deceased husband’s property and that her children would not be on her deceased husband’s property and that her children would not be members of his family.members of his family.

4141

The Law and Divorce: The Law and Divorce: The wife’s suit for divorceThe wife’s suit for divorce

The divorce can also be contested by his parents or The divorce can also be contested by his parents or other relatives.other relatives.

The wife could sue for divorce based on:The wife could sue for divorce based on:– Disappearance/desertion of the husbandDisappearance/desertion of the husband– Specific crimes of the husbandSpecific crimes of the husband– Serious maltreatment by the husbandSerious maltreatment by the husband

To qualify for desertion:To qualify for desertion:– No legitimate reason for his absenceNo legitimate reason for his absence– No correspondence and no knowledge as to his No correspondence and no knowledge as to his

whereabouts and as to whether he is living or dead.whereabouts and as to whether he is living or dead.– The wife had to be without any means of support.The wife had to be without any means of support.

4242

Law and Prostitution: the Law and Prostitution: the ProstitutesProstitutes There were two kinds of prostitution – state managed and There were two kinds of prostitution – state managed and

privately managed – courtesans, poor widows, divorcés, wives, privately managed – courtesans, poor widows, divorcés, wives, daughers.daughers.– Private prostitution was theoretically illegal.Private prostitution was theoretically illegal.

For centuries the state managed sex workers.For centuries the state managed sex workers.– The wives and daughters of some male criminals or prisoners The wives and daughters of some male criminals or prisoners

of war would be sentenced to serve in military brothels.of war would be sentenced to serve in military brothels. Their status would be passed on to their descendants.Their status would be passed on to their descendants. These sex workers were referred to as These sex workers were referred to as yue renyue ren 樂人樂人 within within yue yue

huhu 樂戶 樂戶 – – music households.music households. Periodically, the emperor announced amnesties to release Periodically, the emperor announced amnesties to release

descendants of political prisoners from their status.descendants of political prisoners from their status. Emperor Yongzheng of the Qing abolished the Emperor Yongzheng of the Qing abolished the yue huyue hu

households and made them commoners in 1723.households and made them commoners in 1723. All sex work was then criminal acts.All sex work was then criminal acts.

112/04/19112/04/19 4343

Impact of PoliticsImpact of PoliticsMongolorization of ChinaMongolorization of China

When the Mongols ruled China under the Yuan dynasty they When the Mongols ruled China under the Yuan dynasty they were concerned that their tribal people would be sinicized as were concerned that their tribal people would be sinicized as they were a small minority and no longer nomadic.they were a small minority and no longer nomadic.

They passed laws to force the Chinese population to adopt They passed laws to force the Chinese population to adopt Mongol practices of marriage and property control.Mongol practices of marriage and property control.

In 1272, levirate practice was made mandatory for the In 1272, levirate practice was made mandatory for the Chinese unless there was one of the following conditions: Chinese unless there was one of the following conditions: – If the widow and her dependents could form a tax unit;If the widow and her dependents could form a tax unit;– If she and her dependents had lived with her own parents If she and her dependents had lived with her own parents

– that is, if the husband had joined her family to continue – that is, if the husband had joined her family to continue her family line.her family line.

– If she made a public vow not to remarry – if she broke that If she made a public vow not to remarry – if she broke that law, her marriage was dissolved and she was given to a law, her marriage was dissolved and she was given to a relative of her husband – application of the law was later relative of her husband – application of the law was later restricted to the marriage of the widow to an unmarried restricted to the marriage of the widow to an unmarried brother.brother.

112/04/19112/04/19 4444

Impact of PoliticsImpact of PoliticsMongolorization of China (2) Mongolorization of China (2)

In 1303, it was decided that the assets of a widow or In 1303, it was decided that the assets of a widow or divorcee be controlled by the family of her late divorcee be controlled by the family of her late husband. husband.

Widow remarriage was difficult as she no longer had a Widow remarriage was difficult as she no longer had a dowry.dowry.– She could not return to her family as they might not She could not return to her family as they might not

be able to support her and her dependents.be able to support her and her dependents.– Therefore, she had to either practice levirate or Therefore, she had to either practice levirate or

remain a widow within her husband’s family – this remain a widow within her husband’s family – this would be in line with Mongol practice.would be in line with Mongol practice.

Filial piety therefore changed from daughters taking Filial piety therefore changed from daughters taking care of their own parents to daughters-in-law care of their own parents to daughters-in-law remaining to care for their in-laws.remaining to care for their in-laws.

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Impact of PoliticsImpact of PoliticsMongolorization of China (3)Mongolorization of China (3)

The Yuan legacy of widow chastity, living with the in-The Yuan legacy of widow chastity, living with the in-laws, self-mutilation, and immolation influenced the laws, self-mutilation, and immolation influenced the Ming.Ming.

The Ming dynasty abolished the law on the enforced The Ming dynasty abolished the law on the enforced practice of levirate but retained the law that allowed the practice of levirate but retained the law that allowed the late husband’s family to control the widow’s assets.late husband’s family to control the widow’s assets.– The economic situation continued to discourage The economic situation continued to discourage

widow remarriage.widow remarriage. Ming society, saw widow suicide as the highest form of Ming society, saw widow suicide as the highest form of

virtue.virtue.– The Biographies of Women in Ming History praised The Biographies of Women in Ming History praised

women who commit suicide to defend their chastity – women who commit suicide to defend their chastity – 400 were selected from more than 30,000 submitted.400 were selected from more than 30,000 submitted.

– The names of women honored for their chastity were The names of women honored for their chastity were also inscribed on special lists in shrines to honor the also inscribed on special lists in shrines to honor the “celebrated officials and local worthy persons”.“celebrated officials and local worthy persons”.

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Impact of PoliticsImpact of PoliticsMongolorization of China (4)Mongolorization of China (4)

In order to ensure that the honor did not only go to In order to ensure that the honor did not only go to widows from elite families, county magistrates had to find widows from elite families, county magistrates had to find humble commoner widows who could be so honored.humble commoner widows who could be so honored.

The Qing Government praised chastity, suicide of women The Qing Government praised chastity, suicide of women resisting rape but condemned widow suicide as they felt resisting rape but condemned widow suicide as they felt that it was not due to fidelity but to:that it was not due to fidelity but to:– Despair;Despair;– Fear of being married off by her in-laws;Fear of being married off by her in-laws;– Loss of security of her children; Loss of security of her children; – The prospect of an inferior remarriage;The prospect of an inferior remarriage;– Fears of loneliness, of hardships, of unwillingness to Fears of loneliness, of hardships, of unwillingness to

face the burdens of caring for a dead husband’s aging face the burdens of caring for a dead husband’s aging parents, abusive in-laws;parents, abusive in-laws;

– Hope that as a wandering ghost their spirit can return Hope that as a wandering ghost their spirit can return to take revenge on the living persons who had made to take revenge on the living persons who had made their lives miserable.their lives miserable.

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Mongolorization of China (8)Mongolorization of China (8)

In the Qing, Emperor Yongzheng (1728), called for a In the Qing, Emperor Yongzheng (1728), called for a stop to the use of death to avoid responsibilities.stop to the use of death to avoid responsibilities.– He said that a widow had two important He said that a widow had two important

responsibilities -- caring for her husband’s parents responsibilities -- caring for her husband’s parents and raising her children or adopted heir.and raising her children or adopted heir.

After 1728, the pattern of suicide changed. After 1728, the pattern of suicide changed. – The reported number of suicide dropped.The reported number of suicide dropped.– Women committed suicide after she had fulfilled Women committed suicide after she had fulfilled

her responsibilities of caring for her parents-in-law her responsibilities of caring for her parents-in-law and her children.and her children.

4848

SummarySummary The family and the class system were fundamental features in The family and the class system were fundamental features in

Chinese traditional law.Chinese traditional law. The law recognized the parents’ authority over their children – the The law recognized the parents’ authority over their children – the

children had no independent right to own private property or to live children had no independent right to own private property or to live separate from their parents; they could not choose their own spouses.separate from their parents; they could not choose their own spouses.

The law also recognized the supremacy of seniors and husbands over The law also recognized the supremacy of seniors and husbands over junior relatives and wives.junior relatives and wives.

Disputes between family members were always judged according to Disputes between family members were always judged according to an individual’s status in the group.an individual’s status in the group.

The law also recognized the different statuses of individuals so people The law also recognized the different statuses of individuals so people of different status were not treated alike before the law.of different status were not treated alike before the law.– Nobles and officials enjoyed certain legal privileges while the Nobles and officials enjoyed certain legal privileges while the

“mean” people were legally unprivileged.“mean” people were legally unprivileged. Therefore, under the law, an individual’s social status determined his Therefore, under the law, an individual’s social status determined his

way of life, his rights and obligations, and his punishment for way of life, his rights and obligations, and his punishment for offenses.offenses.

Next ReadingNext ReadingWomen and PowerWomen and Power

Ching-Chung, Priscilla, Palace Women of the Ching-Chung, Priscilla, Palace Women of the Northern Sung, Hinsch, Bret, Northern Sung, Hinsch, Bret, Women in Early Women in Early Imperial China, Imperial China, pp 1-13, 15-26.pp 1-13, 15-26.

Twitchet, Denis, Twitchet, Denis, Cambridge History of ChinaCambridge History of China, v.1; , v.1; Qin: pp Qin: pp 21-102; 21-102; 130-9; Former Han: 173-187; 190; 130-9; Former Han: 173-187; 190; 213-222; 213-222; (v3), C(v3), Ch 5: Kao-tsung (reign 649-83) and h 5: Kao-tsung (reign 649-83) and the empress Wu: the inheritor and the usurper, pp. the empress Wu: the inheritor and the usurper, pp. 242-279; Ch 6: The reigns of the empress Wu, Chung-242-279; Ch 6: The reigns of the empress Wu, Chung-tsung and Jui-tsung (684-712), pp. 290-320; tsung and Jui-tsung (684-712), pp. 290-320;

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