Max Weber"s understanding of legal practices in Imperial China

Abstract

Since Max Webers prominent studies on China first appeared, many works relating Weberian theory to Chinese studies have emerged in the fields of sociology. Nonetheless, Weberian scholars have little considered the legal practices of Imperial China. The serious problem is not few studies per se, but their problematic understanding of Weber. Contrary to previous Weberian scholars, I intend to show how Weber approaches Imperial Chinese society and Imperial Chinese laws. To do this, I first unearth why Weber is interested in sociological factors rather than laws in his Chinese studies. I then show Webers interpretation of legal practices in late Imperial China, and test whether or not his description of these practices is accurate. In conclusion, I argue that Webers ideas related to legal practices in China are still effective for understanding Imperial Chinese society.