Women and Property in China (960—1949)
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Women and Property in China (960—1949)

Kathryn Bernhardt

4.4643 learners

Kathryn Bernhardt’s *Women and Property in China (960—1949)* delivers a rigorous, nuanced analysis of Chinese women’s property rights across nearly a millennium, from the Song Dynasty to Republican rule. The book unpacks pivotal academic debates—including clashes between Japanese scholars Niida Noboru and Shiga Shuzo over Song daughters’ inheritance claims, and Patricia Ebrey’s argument linking dowry trends to elite marriage strategies. Bernhardt critiques existing frameworks, clarifying that the myth of Song “half-share” inheritance stemmed from misinterpreted legal edicts, not widespread custom. She traces evolving rights for widows: from Song-era autonomy in choosing heirs to Ming’s mandatory nephew succession, and Qing’s judicial shifts favoring chaste widows. The work also examines early Republican legal upheaval, as the Dali Court redefined widows’ heir-selecting power, and the 1930 Civil Code’s promise of gender equality that clashed sharply with traditional family practices. Finally, it chronicles concubines’ shifting status: from Song-era marginalization to Qing’s limited legal protections, and Republican-era erasure that paradoxically granted new maternal inheritance rights. By bridging formal legal texts and on-the-ground judicial practice, Bernhardt reveals the persistent gap between law and social reality in shaping women’s access to property.

Property InheritanceSong Dynasty Legal JurisprudenceWidow's Succession RightsConcubine StatusRepublican Civil Code
Concept

1930 Republican Civil Code

The 1930 Republican Civil Code completely abolished traditional patrilineal ancestral succession, defined inheritance as pure property transfer, and granted equal inheritance rights to men and women.

Gender EqualityLegal ReformModern Chinese Law
Insight

Abolition Of Mourning Rank System

The Republican Civil Code replaced the old Chinese mourning rank system with Roman law’s generation-based kinship calculation, eliminating legal priority for patrilineal nephews.

Republican ChinaKinship LawLegal Modernization
Insight

Widows Lost Property Control

Under the 1930 Civil Code, widows were no longer the sole custodian of family property. Any heir could demand to split shared property at any time, which weakened their former power.

InheritanceWidow RightsRepublican Civil Code
Insight

No Legal Concubine Status In ROC

The 1930 Republican Civil Code never recognized concubine’s legal identity, but granted them full inheritance rights as biological mothers of their children, based purely on blood relation.

Family LawRepublican ChinaConcubine
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