Women, family, and litigation in nineteenth-century Chongqing

Abstract

The dissertation explores the intricate relationship between family dynamics, legal practices, and the status of women in Ba County during nineteenth century (1803-1873). It delves into how family members leveraged the Great Qing Code and Confucian values, particularly the cult of female chastity and made use of the identity of women to gain advantage in court. The research examined 617 cases from the Ba County Archive in order to shed light on the interplay of law, state ideology, and patriarchal systems. The legal records offer a “representational reality”, influenced by state ideology, rather than an accurate depiction of women’s lives. Legal cases highlighted the instrumental use of women, their lack of agency, and disputes over their ownership, but the passive status of women was just a representational reality. Family relationships and litigation strategies were the key to understanding the narratives on women in the Ba County Archive, and the passive status of women was a result of such depiction.