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Women’s Civil Legal Status in Ming Dynasty

Author: MaGaoJie
Tutor: ZhangQuanMin
School: Xiangtan University
Course: Legal History
Keywords: Women of Ming Dynasty Civil legal status Property rights Human rights
CLC: D929
Type: Master's thesis
Year: 2010
Downloads: 251
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Abstract


Women’s social status can best show the degree of social civilization. In many parts of the women’s social status, legal status (including civil legal status) accounted for a very important position. In Ming Dynasty feudal autocracy strengthened, commodity economy developed further, patriarchal confucianism completed, mind rised, the cultural sector animated. Combination of these factors make the civil legal status of women in Ming presents a unique picture. This paper selects Ming Dynasty the typical of the late chinese feudal society, investigate the civil legal status of women , this is significant.The paper based on the expedition of the social profile and the women’s social status of Ming Dynasty, discusses women’s civil legal status of the Ming Dynasty specially: first of all, use the sociological theory about“role”, start from the three roles women played in a lifetime , discuss the property rights of the women as a daughter, as a wife and as a mother in Ming Dynasty respectively. As a daughter, property rights mainly reflect in the dowry and inheritance of parental property when no boys at home. As a wife, enjoy family property management, widows have family property management too. In addition, in reality, women also often store private money, remarriage of widows carrying capacity is also more common. As a mother, women have higher status in the families, enjoy private property ownership, family property management, the right of separation, the right to contract etc. Second, discuss the human rights of ordinary women of Ming Dynasty in general personality, sexual freedom, marriage freedom, equality of the spouses, elders rights. Besides, in view of concubines, princess, noble Ming Fu and other top women’s special status, take them separately discussed. Finally, reach conclusion about the features of women’s civil legal status of Ming Dynasty: women’s civil legal status show downward trend overally, however, compared with the previous increase in the late; geographical differences are significant; women with different roles and status their rights are also differences.This article draws heavily on judgments, sketches and other materials, with a broader perspective, closer to the perspective of social life, examines the civil legal status of women in the Ming. And, not confined to the traditional argument of women’s status is low in feudal society, try to give an objective evaluation about the civil legal status of women in the Ming, to provide some reference to contemporary women’s issues in China.

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CLC: > Political, legal > Legal > Chinese law > Chinese Legal System
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