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Gender, law, and society: Abortion i...

Ma, Ling.

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Gender, law, and society: Abortion in early-twentieth-century China.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Gender, law, and society: Abortion in early-twentieth-century China./
作者:	Ma, Ling.
出版者:	Ann Arbor : ProQuest Dissertations & Theses, : 2016,
面頁冊數:	276 p.
附註:	Source: Dissertation Abstracts International, Volume: 78-04(E), Section: A.
Contained By:	Dissertation Abstracts International78-04A(E).
標題:	Asian history. -
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=10163821
ISBN:	9781369184624

Gender, law, and society: Abortion in early-twentieth-century China.
Ma, Ling.

Gender, law, and society: Abortion in early-twentieth-century China. - Ann Arbor : ProQuest Dissertations & Theses, 2016 - 276 p.

Source: Dissertation Abstracts International, Volume: 78-04(E), Section: A.

Thesis (Ph.D.)--State University of New York at Buffalo, 2016.

This item is not available from ProQuest Dissertations & Theses.

Drawing evidence from criminal case files, police archives, newspapers, medical and legal writings, and fictional accounts, this dissertation examines the practice and legal prohibition of abortion in late Qing and Republican China. It takes as its focus the disparities between the written law, practiced law, moral judgments, and socio-economic realities of sex and reproduction. This study demonstrates the extent to which the ban on abortion presented little challenge to patriarchs' control over women's lives.

ISBN: 9781369184624Subjects--Topical Terms:

1099323
Asian history.

Gender, law, and society: Abortion in early-twentieth-century China.
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500 $a Source: Dissertation Abstracts International, Volume: 78-04(E), Section: A.
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506 $a This item is not available from ProQuest Dissertations & Theses.
520 $a Drawing evidence from criminal case files, police archives, newspapers, medical and legal writings, and fictional accounts, this dissertation examines the practice and legal prohibition of abortion in late Qing and Republican China. It takes as its focus the disparities between the written law, practiced law, moral judgments, and socio-economic realities of sex and reproduction. This study demonstrates the extent to which the ban on abortion presented little challenge to patriarchs' control over women's lives.
520 $a In 1912, the government of Republican China enacted an abortion provision of seven articles that prohibited abortions conducted with the pregnant woman's consent and stipulated severe punishment for those, including family members, who forced a pregnant woman to abort her child. The Republican police and the judiciary enforced the abortion law selectively; Beijing police in the 1910s tightened their control of reproductive medicine and medical practitioners, but they showed little interest and had few resources to infiltrate the walls of the household, leaving pregnant women out of the abortion law's prosecution and protection. In the 1930s and 40s, Shanghai's hospital-based surveillance system transmitted an unprecedented amount of women abortion seekers to the police and the courts of law, but the legal system rarely reached coercive kin and partners who pressured daughters, wives, and widows into dangerous abortions.
520 $a The abortion law and its selective enforcement impacted women and men, and the poor and the rich differently. The separation of the reproductive crime from sex offenses marginalized the male party's relevance in abortion investigations and likely his diminishing contribution to his partner's reproductive struggles. The legal assumptions that women were active individuals and that women were linked biologically with the fetus brought her automatic guilt for the crime of abortion, unless she could prove she acted under coercion or to alleviate life-threatening medical conditions. Few well-to-do daughters and wives faced abortion charges. When they did, they were more likely to defend themselves on the grounds of medical conditions and were more persistent with appeals to upper-level courts.
520 $a Laws prohibiting abortion did not stop voluntary or coerced abortions from transpiring, nor did they fix how people perceived this practice. The contestation over the reform of the abortion law in the early 1930s reveals variegated attitudes of educated Chinese toward abortion's gender, social, and demographic impact. The contestation ended with the temporary victory of the social conservatives who prioritized the interests of the family and the state over women's desires and needs. The legacy of the contestation can still be felt in contemporary China.
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