{"id":{"repo_id":"uiuc","oai_identifier":"oai:www.ideals.illinois.edu:2142/124458"},"canonical_url":"https://search.dev.ndltd.org/etd/uiuc/oai:www.ideals.illinois.edu:2142/124458","repository":{"repo_id":"uiuc","name":"University of Illinois - Urbana-Champaign","base_url":"https://www.ideals.illinois.edu/oai-pmh"},"display":{"title":"Whose injustice, which punishment? Reconceptualizing morality in the debate over the new criminal code of Great Qing, 1906-1911","abstract":"Submission original under an indefinite embargo labeled 'Open Access'. The submission was exported from vireo on 2024-09-16 without embargo terms","abstract_html":"Submission original under an indefinite embargo labeled 'Open Access'. The submission was exported from vireo on 2024-09-16 without embargo terms","abstract_has_math":false,"creators":["Park, Woohui"],"institution":"University of Illinois at Urbana-Champaign","degree_name":"M.A.","degree_level":"Thesis","degree_discipline":"E Asian Languages & Cultures","degree_department":null,"school":null,"contributors":["Chow, Kai-Wing","Wilson, Roderick Ike"],"advisors":[],"committee_chairs":[],"committee_members":[],"year":2024,"date_issued":"2024-05","date_published":"2024-05","updated_at":"2026-07-22T22:25:00Z","subjects":["Legal Debate","Legal Reform In Qing","Morality And Law"],"languages":["en","eng"],"rights":["Copyright 2024 Woohui Park"],"rights_urls":[],"identifier_entries":[]},"links":{"outbound_url":"https://hdl.handle.net/2142/124458","outbound_label":"Handle","outbound_source":"dc:identifier"},"metadata_groups":[{"id":"people","label":"People","entries":[{"key":"dc:contributor","label":"Contributor","values":["Chow, Kai-Wing","Wilson, Roderick Ike"]},{"key":"dc:creator","label":"Author","values":["Park, Woohui"]}]},{"id":"academic_context","label":"Academic Context","entries":[{"key":"dc:date","label":"Dc Date","values":["2024-05","2024-05-03"]},{"key":"dc:type","label":"Dc Type","values":["text"]},{"key":"thesis:degree_discipline","label":"Discipline","values":["E Asian Languages & Cultures"]},{"key":"thesis:degree_level","label":"Degree Level","values":["Thesis"]},{"key":"thesis:degree_name","label":"Degree Name","values":["M.A."]},{"key":"thesis:institution_name","label":"Thesis Institution Name","values":["University of Illinois at Urbana-Champaign"]}]},{"id":"subjects_keywords","label":"Subjects and Keywords","entries":[{"key":"dc:subject","label":"Dc Subject","values":["Legal Debate","Legal Reform In Qing","Morality And Law"]}]},{"id":"language_rights","label":"Language and Rights","entries":[{"key":"dc:language","label":"Dc Language","values":["en","eng"]},{"key":"dc:rights","label":"Dc Rights","values":["Copyright 2024 Woohui Park"]}]},{"id":"identifiers","label":"Identifiers","entries":[{"key":"dc:identifier","label":"Identifier","values":["https://hdl.handle.net/2142/124458"]}]},{"id":"additional","label":"Additional Metadata","entries":[{"key":"dc:description","label":"Description","values":["Submission original under an indefinite embargo labeled 'Open Access'. The submission was exported from vireo on 2024-09-16 without embargo terms","The student, Woohui Park, accepted the attached license on 2024-05-02 at 11:08.","The student, Woohui Park, submitted this Thesis for approval on 2024-05-02 at 11:15.","This Thesis was approved for publication on 2024-05-03 at 10:54.","DSpace SAF Submission Ingestion Package generated from Vireo submission #20750 on 2024-09-16 at 00:37:51","The Draft of the New Criminal Code of Great Qing (Daqing Xin Xinglü Caoan 大清新刑律草案) in the early 1900s sparked a heated debate over how the criminal codes should be revised in alignment with social ethics. While existing research extensively examines the theoretical and practical significance of the debate, the predominant conceptualization of the rivals as the “faction of moral teachings” (lijiao pai 禮教派) and the “faction of legal principle” (fali pai 法理派) premised on binaries such as tradition—modernity and China—the West. The widely accepted stereotype of “the conflict between ritual and law” (lifazhizheng 禮法之爭) is no more than a simplistic account that regarded the “faction of legal principle” such as Shen Jiaben (沈家本, 1840-1913) as championing westernized and modern law whereas their critics were Confucian conservatives like Lao Naixuan (勞乃萱, 1843-1921) who upheld the feudal Confucian “feudal” morality (封建禮教 fengjian lijiao) with limited knowledge of legal principles and their functions. To challenge this false dichotomy between morality and law, this thesis conceptualizes these opposing factions as conventional reformists and critical reformers, underscoring the fact that both aimed to reform the criminal code and were equally concerned with conventional morality (禮教 lijiao) as a source of law. Furthermore, it explores a neglected theoretical aspect of the debate by focusing on the definition of criminality and the justice of punishment in proportion to the crime. Their divergent views on whether immoral acts, such as fornication and incest, should be considered unlawful acts constituting crimes influence their standpoints to the reform. This thesis argues that the debate did not involve clashes between Confucian moral teachings and modern Western law but rather reflected the divergent views on the conditions of criminalization of moral transgressions."]},{"key":"dc:format","label":"Dc Format","values":["application/pdf"]},{"key":"dc:title","label":"Title","values":["Whose injustice, which punishment? Reconceptualizing morality in the debate over the new criminal code of Great Qing, 1906-1911"]}]}],"canonical_facts":{"dc:contributor":["Chow, Kai-Wing","Wilson, Roderick Ike"],"dc:creator":["Park, Woohui"],"dc:date":["2024-05","2024-05-03"],"dc:description":["Submission original under an indefinite embargo labeled 'Open Access'. The submission was exported from vireo on 2024-09-16 without embargo terms","The student, Woohui Park, accepted the attached license on 2024-05-02 at 11:08.","The student, Woohui Park, submitted this Thesis for approval on 2024-05-02 at 11:15.","This Thesis was approved for publication on 2024-05-03 at 10:54.","DSpace SAF Submission Ingestion Package generated from Vireo submission #20750 on 2024-09-16 at 00:37:51","The Draft of the New Criminal Code of Great Qing (Daqing Xin Xinglü Caoan 大清新刑律草案) in the early 1900s sparked a heated debate over how the criminal codes should be revised in alignment with social ethics. While existing research extensively examines the theoretical and practical significance of the debate, the predominant conceptualization of the rivals as the “faction of moral teachings” (lijiao pai 禮教派) and the “faction of legal principle” (fali pai 法理派) premised on binaries such as tradition—modernity and China—the West. The widely accepted stereotype of “the conflict between ritual and law” (lifazhizheng 禮法之爭) is no more than a simplistic account that regarded the “faction of legal principle” such as Shen Jiaben (沈家本, 1840-1913) as championing westernized and modern law whereas their critics were Confucian conservatives like Lao Naixuan (勞乃萱, 1843-1921) who upheld the feudal Confucian “feudal” morality (封建禮教 fengjian lijiao) with limited knowledge of legal principles and their functions. To challenge this false dichotomy between morality and law, this thesis conceptualizes these opposing factions as conventional reformists and critical reformers, underscoring the fact that both aimed to reform the criminal code and were equally concerned with conventional morality (禮教 lijiao) as a source of law. Furthermore, it explores a neglected theoretical aspect of the debate by focusing on the definition of criminality and the justice of punishment in proportion to the crime. Their divergent views on whether immoral acts, such as fornication and incest, should be considered unlawful acts constituting crimes influence their standpoints to the reform. This thesis argues that the debate did not involve clashes between Confucian moral teachings and modern Western law but rather reflected the divergent views on the conditions of criminalization of moral transgressions."],"dc:format":["application/pdf"],"dc:identifier":["https://hdl.handle.net/2142/124458"],"dc:language":["en","eng"],"dc:rights":["Copyright 2024 Woohui Park"],"dc:subject":["Legal Debate","Legal Reform In Qing","Morality And Law"],"dc:title":["Whose injustice, which punishment? Reconceptualizing morality in the debate over the new criminal code of Great Qing, 1906-1911"],"dc:type":["text"],"thesis:degree_discipline":["E Asian Languages & Cultures"],"thesis:degree_level":["Thesis"],"thesis:degree_name":["M.A."],"thesis:institution_name":["University of Illinois at Urbana-Champaign"]},"updated_at":"2026-07-22T22:25:00Z"}