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Book Chapter: Blood Money and Negotiated Justice in China
Title | Blood Money and Negotiated Justice in China |
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Authors | |
Keywords | Criminal Reconciliation Political Considerations Justice Economic Compensation Cultural Logic |
Issue Date | 2021 |
Publisher | Cambridge University Press |
Citation | Blood Money and Negotiated Justice in China. In Ahl, B (Ed.), Chinese Courts and Criminal Procedure: Post-2013 Reforms, p. 208-234. Cambridge, UK ; New York, NY: Cambridge University Press, 2021 How to Cite? |
Abstract | Legal commensuration is a complex mechanism of valuation. Its complexity has much to do with the relational nature of the monetary exchange involved between parties in the litigational context. The chapter offers a framework to understand its process and outcome by focusing on the institutional and cultural logics of the practice. The criminal reconciliation process in China is used as a real-world empirical illustration. Drawing mainly on data collected from fieldwork investigation of two basic-level courts, this chapter identifies two factors that affect the process and outcome of legal commensuration: institutional interests favouring reconciliation and cultural meaning of money. Political considerations play a decisive role in incentivising judges to facilitate a settlement. The cultural meanings of money serve as another factor shaping the outcome of reconciliation. In particular, blood money is valued both for its practical certainty and its symbolic value as a token of apology. Through a brief comparison of the Chinese and US systems, the chapter shows that this framework represents a step towards a more systematic and theoretical conception of legal commensuration. |
Description | Chapter 8 |
Persistent Identifier | http://hdl.handle.net/10722/308232 |
ISBN |
DC Field | Value | Language |
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dc.contributor.author | Ng, KH | - |
dc.contributor.author | He, X | - |
dc.date.accessioned | 2021-11-12T13:44:20Z | - |
dc.date.available | 2021-11-12T13:44:20Z | - |
dc.date.issued | 2021 | - |
dc.identifier.citation | Blood Money and Negotiated Justice in China. In Ahl, B (Ed.), Chinese Courts and Criminal Procedure: Post-2013 Reforms, p. 208-234. Cambridge, UK ; New York, NY: Cambridge University Press, 2021 | - |
dc.identifier.isbn | 9781108978316 | - |
dc.identifier.uri | http://hdl.handle.net/10722/308232 | - |
dc.description | Chapter 8 | - |
dc.description.abstract | Legal commensuration is a complex mechanism of valuation. Its complexity has much to do with the relational nature of the monetary exchange involved between parties in the litigational context. The chapter offers a framework to understand its process and outcome by focusing on the institutional and cultural logics of the practice. The criminal reconciliation process in China is used as a real-world empirical illustration. Drawing mainly on data collected from fieldwork investigation of two basic-level courts, this chapter identifies two factors that affect the process and outcome of legal commensuration: institutional interests favouring reconciliation and cultural meaning of money. Political considerations play a decisive role in incentivising judges to facilitate a settlement. The cultural meanings of money serve as another factor shaping the outcome of reconciliation. In particular, blood money is valued both for its practical certainty and its symbolic value as a token of apology. Through a brief comparison of the Chinese and US systems, the chapter shows that this framework represents a step towards a more systematic and theoretical conception of legal commensuration. | - |
dc.language | eng | - |
dc.publisher | Cambridge University Press | - |
dc.relation.ispartof | Chinese Courts and Criminal Procedure: Post-2013 Reforms | - |
dc.subject | Criminal Reconciliation | - |
dc.subject | Political Considerations | - |
dc.subject | Justice | - |
dc.subject | Economic Compensation | - |
dc.subject | Cultural Logic | - |
dc.title | Blood Money and Negotiated Justice in China | - |
dc.type | Book_Chapter | - |
dc.identifier.email | He, X: xfhe@hku.hk | - |
dc.identifier.authority | He, X=rp02358 | - |
dc.description.nature | link_to_subscribed_fulltext | - |
dc.identifier.doi | 10.1017/9781108973984.008 | - |
dc.identifier.hkuros | 330246 | - |
dc.identifier.spage | 208 | - |
dc.identifier.epage | 234 | - |
dc.publisher.place | Cambridge, UK ; New York, NY | - |
dc.identifier.eisbn | 9781108973984 | - |