Lin Xi: The Differential Mode of Criminalization in Traditional China

 

The Differential Mode of Criminalization in Traditional China

 

Lin Xi

摘要：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 relationships—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.

 

文章链接：http://link.springer.com/article/10.1007/s40647-014-0014-2