Convict Politics
From Utopia to Serfdom in Early China (221 BCE – 23 CE)
Format:Hardback
Publisher:Cambridge University Press
Publishing:30th Nov '25
£110.00
This title is due to be published on 30th November, and will be despatched as soon as possible.
Utilising excavated manuscripts, Cai reveals a historical paradox: the quest for a crime-free utopia criminalized early Chinese empires.
Liang Cai harnesses newly excavated manuscripts and techniques from the digital humanities to reveal how early Chinese empires criminalized the innocent while exonerating actual offenders. Paradoxically driven by the quest for a crime-free utopia, these practices fostered an enduring skepticism towards the law in the Chinese tradition.In this innovative history, Liang Cai examines newly excavated manuscripts alongside traditional sources to explore convict politics in the early Chinese empires, proposing a new framework for understanding Confucian discussions of law and legal practice. While a substantial number of convict laborers helped operate the local bureaucratic apparatus in early China, the central court reemployed numerous previously convicted men as high officials. Convict politics emerged, she argues, because while the system often criminalized people including the innocent, it was juxtaposed with redemption policies and frequent amnesties in pursuit of a crime-free utopia. This dual system paralyzed the justice system, provoking intense Confucian criticism and resulting in a deep-seated skepticism towards law in the Chinese tradition with a long-lasting political legacy.
'Professor Cai solidifies her position as a leading scholar of ancient legal and political history. Her meticulous research, based on historical texts and excavated documents, brilliantly exposes the cruelty and paradoxes of the 'open prison' that was the Han Empire. The legacy of such systems continues to shape contemporary China.' Anthony J. Barbieri-Low, co-author of Law, State, and Society in Early Imperial China
'Cai arrestingly recasts our image of the Qin and Han Dynasties. These regimes' laws were not meant to be cruel, but to bring about a crime-free utopia. Nevertheless, these performance-based dictates made criminals of both commoner and official alike. A supposed utopia became a dystopia in which convicts ruled convicts.' Keith Knapp, co-editor of The Cambridge History of China: Volume 2, The Six Dynasties, 220–589
'A fascinating and horrifying study of the inner workings of the Qin and Han penal system, which criminalized vast swathes of the population to exploit them as forced labor. Liang Cai offers an outstanding analysis of the cruel injustices perpetrated in creating a realm of offenders.' Olivia Milburn, University of Hong Kong
'In her thought-provoking monograph, Cai Liang explores how the quest for legal-administrative perfectionism in early Chinese empire created a paradox: notoriously harsh laws, which created an army of convicts, were undermined by excessive laxity of repeated amnesties. Scholars of China's imperial history and comparatists will benefit immensely from Cai's insights.' Yuri Pines, The Hebrew University of Jerusalem
ISBN: 9781316515303
Dimensions: unknown
Weight: unknown
320 pages