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東洋史學硏究 = Journal of Asian historical studies 9건

  1. [국내논문]   漢代의 政策決定過程  

    方香淑
    東洋史學硏究 = Journal of Asian historical studies v.74 ,pp. 1 - 46 , 2001 , 1226-1270 ,

    초록

    The process of policy making has three steps; draft,consideration, and legislation. There were not any particular branch that is taking care of each step among the three steps in Han period. But it is admitted that policy were build following those steps in general. However the process was led not by the task-branch or bureau but the bureaucracy. The role of bureaucracy was essential to the process of policy making in Han period. They drafted laws and rules, and scrutinized them. Their concerns and activities covers almost fields of state affairs ; watering, politics and law, economics, recruitment and personnel, defense, diplomacy, emperor"s house and throne, sacrifice to the shrine of royal ancestors. mausoleum, way of ceremony and drill, academy and philosophy. etc. The rate of conference by the bureaucracy about the issue which was produced amounted to 43.9% in Former Han, and it reduced to 27.2% in Later Han. It shows that there was periodical change in the process of policy making in Han period. Composition of members attended in group and committee considering the policies followed changes of the time. However the change of the two fields is converging into one common bureau, that was a small number of bureau including Hwang ti"(皇帝)s secretary bureau. It is supposed that the bureaucrats and members attending in the process of consideration could be the one who constitutes the member of consideration bureau in Han period. The minimization of consideration bureau resulted from not only the reshuffling in order to make Hwang ti"(皇帝) rule easier, but also development of bureaucratic system inevitably. As the time passes away, it needed that more expert and specialized bureaucrat can decide and handle policies as soon as possible in order to meet the time"s demands. That is the why consideration policy used to be centralized in a particular bureaucrat. In terms of bureaucracy, the division of function started to appear since the process of draft came to belong to 'Shang shu'(尙書) who only deals with it. Division of function relating to the process of policy making above has given influences to the development of bureaucratic systems. In early time of Han, the members of outer cabinet had taken exclusive charge of the process of consideration and legislation. No division of function happened. After the function of legislation was handed over to 'Shang shu' (尙書) in the middle of Former Han, the each function of draft and consideration separated into the outer cabinet members and committee of bureaucracy. That was the early time of dualism, the separation of consideration and legislation. At the end of Former Han, 'Shang shu'(尙書) settled down, and the function of legislation was institutionalized with the institutionalization of administration using public documents by 'Shang shu'(尙書) It is called to be the time of dualism fixed. From the result of the independency of 'Shang shu t"ai'(尙書臺) in the early time of Late Han, the function of legislation by 'Shang shu'(尙書) had been enforced, As 'Shang shu'(尙書) attended in the committee, however he was granted the function of legislation which had once been separated. From the middle of Later Han the function of consideration at the committee of bureaucracy by the outer cabinet members started to decrease as the rate of consideration by 'Shang shu'(尙書) enlarged. The more 'Chung shu'(中書) who was backed up by Hwang ti"s power attended in the committee, the more function of consideration at the committee decreased. This is the time of acculturation of dualism, that the function of draft and consideration became emerged into the 'Shang shu'(尙書) who takes charge of legislation. This trend reflects the stage of social development, which means that the politics and administration had been unified as the element of antiquity started..

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  2. [국내논문]   宋代 養子의 財産繼承權  

    陸貞任
    東洋史學硏究 = Journal of Asian historical studies v.74 ,pp. 47 - 80 , 2001 , 1226-1270 ,

    초록

    It was a well-accepted practice in the Confucian family ideals to adopt a son in order to maintain the line of descendants performing sacrificial rites. Such sons, if from the same surname family, were entitled to the full right for the family inheritance. Yet in Song China, succession of the sacrificial rites was not the prerequisite for the inheritance of the patrimony. Under some circumstances adoption of children with different surnames was legal. There had long been provisions to cover adoptions of those orphaned as a result of natural disasters and children lost for other reasons, children whose surname were presumably unknown. As the laws governing the official adoption from differing surnames gradually turned more pliable and as a result, sons with the differing surnames became eligible for the patrimony as the family heir. Law drew a sharp distinction between formal adoption and the mere fostering of a child, which did not of itself create inheritance. A boy child who was not formally adopted had no claim on the patrimony of his fostered father. From mid-Northern Song times, though, the foster child was entitled to the patrimony under certain conditions, and terms regarding those conditions and his share of the patrimony were gradually modified in his favor. The foster child or adopted son with different surname was not to perform sacrificial rites, yet he lived and worked with the parents, eventually taking care of the elders and their funeral services as well. This was the justification for the legitimate claim for the right to the patrimony. As such, if the parents or the grand parents adopted the child before their deaths, he was entitled to the full patrimony. If a husband and wife died leaving no male descendants to serve as heirs, their household was said to have been a “household broken-off”. If this happened, the senior close relative could arrange the adoption of a boy for this “household” only for the purpose of sacrificial rites. The state eventually come to recognize legally and define the inheritance right of the posthumous sons. However, the sons selected by senior relatives did not have the same inheritance rights as natural sons or sons adopted during the parents" lifetimes, since such posthumous sons had not borne the burden of supporting the parents nor could they have acted ritually within the family during its existence. The heirs appointed posthumously on the recommendation of family elders received relatively small portions of the family estate. Their share was less than that of daughter"s, if any, and the upper ceiling was set at 1/3 of the family estate even without any surviving daughters. In Song China, the inheritance of the patrimony by the adopted sons was more of the compensation for their practical service including running the family business, taking care of the aged and serving national duties than the succession of sacrificial rites. The inheritance of the family estate was separated from the inheritance of sacrificial duties as the economy and the idea of private property prospered.

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    회원님의 원문열람 권한에 따라 열람이 불가능 할 수 있으며 권한이 없는 경우 해당 사이트의 정책에 따라 회원가입 및 유료구매가 필요할 수 있습니다.이동하는 사이트에서의 모든 정보이용은 NDSL과 무관합니다.

    NDSL에서는 해당 원문을 복사서비스하고 있습니다. 아래의 원문복사신청 또는 장바구니담기를 통하여 원문복사서비스 이용이 가능합니다.

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  3. [국내논문]   明代中期의 徽州商人 方用彬 - 하바드옌칭圖書館所藏의 「方用彬書札」을 통하여  

    朴元熇
    東洋史學硏究 = Journal of Asian historical studies v.74 ,pp. 81 - 98 , 2001 , 1226-1270 ,

    초록

    It was a well-accepted practice in the Confucian family ideals to adopt a son in order to maintain the line of descendants performing sacrificial rites. Such sons, if from the same surname family, were entitled to the full right for the family inheritance. Yet in Song China, succession of the sacrificial rites was not the prerequisite for the inheritance of the patrimony. Under some circumstances adoption of children with different surnames was legal. There had long been provisions to cover adoptions of those orphaned as a result of natural disasters and children lost for other reasons, children whose surname were presumably unknown. As the laws governing the official adoption from differing surnames gradually turned more pliable and as a result, sons with the differing surnames became eligible for the patrimony as the family heir. Law drew a sharp distinction between formal adoption and the mere fostering of a child, which did not of itself create inheritance. A boy child who was not formally adopted had no claim on the patrimony of his fostered father. From mid-Northern Song times, though, the foster child was entitled to the patrimony under certain conditions, and terms regarding those conditions and his share of the patrimony were gradually modified in his favor. The foster child or adopted son with different surname was not to perform sacrificial rites, yet he lived and worked with the parents, eventually taking care of the elders and their funeral services as well. This was the justification for the legitimate claim for the right to the patrimony. As such, if the parents or the grand parents adopted the child before their deaths, he was entitled to the full patrimony. If a husband and wife died leaving no male descendants to serve as heirs, their household was said to have been a “household broken-off”. If this happened, the senior close relative could arrange the adoption of a boy for this “household” only for the purpose of sacrificial rites. The state eventually come to recognize legally and define the inheritance right of the posthumous sons. However, the sons selected by senior relatives did not have the same inheritance rights as natural sons or sons adopted during the parents" lifetimes, since such posthumous sons had not borne the burden of supporting the parents nor could they have acted ritually within the family during its existence. The heirs appointed posthumously on the recommendation of family elders received relatively small portions of the family estate. Their share was less than that of daughter"s, if any, and the upper ceiling was set at 1/3 of the family estate even without any surviving daughters. In Song China, the inheritance of the patrimony by the adopted sons was more of the compensation for their practical service including running the family business, taking care of the aged and serving national duties than the succession of sacrificial rites. The inheritance of the family estate was separated from the inheritance of sacrificial duties as the economy and the idea of private property prospered.

    원문보기

    원문보기
    무료다운로드 유료다운로드

    회원님의 원문열람 권한에 따라 열람이 불가능 할 수 있으며 권한이 없는 경우 해당 사이트의 정책에 따라 회원가입 및 유료구매가 필요할 수 있습니다.이동하는 사이트에서의 모든 정보이용은 NDSL과 무관합니다.

    NDSL에서는 해당 원문을 복사서비스하고 있습니다. 아래의 원문복사신청 또는 장바구니담기를 통하여 원문복사서비스 이용이 가능합니다.

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  4. [국내논문]   明淸時代 河口鎭 居民의 存在樣態  

    吳金成
    東洋史學硏究 = Journal of Asian historical studies v.74 ,pp. 99 - 133 , 2001 , 1226-1270 ,

    초록

    It was a well-accepted practice in the Confucian family ideals to adopt a son in order to maintain the line of descendants performing sacrificial rites. Such sons, if from the same surname family, were entitled to the full right for the family inheritance. Yet in Song China, succession of the sacrificial rites was not the prerequisite for the inheritance of the patrimony. Under some circumstances adoption of children with different surnames was legal. There had long been provisions to cover adoptions of those orphaned as a result of natural disasters and children lost for other reasons, children whose surname were presumably unknown. As the laws governing the official adoption from differing surnames gradually turned more pliable and as a result, sons with the differing surnames became eligible for the patrimony as the family heir. Law drew a sharp distinction between formal adoption and the mere fostering of a child, which did not of itself create inheritance. A boy child who was not formally adopted had no claim on the patrimony of his fostered father. From mid-Northern Song times, though, the foster child was entitled to the patrimony under certain conditions, and terms regarding those conditions and his share of the patrimony were gradually modified in his favor. The foster child or adopted son with different surname was not to perform sacrificial rites, yet he lived and worked with the parents, eventually taking care of the elders and their funeral services as well. This was the justification for the legitimate claim for the right to the patrimony. As such, if the parents or the grand parents adopted the child before their deaths, he was entitled to the full patrimony. If a husband and wife died leaving no male descendants to serve as heirs, their household was said to have been a “household broken-off”. If this happened, the senior close relative could arrange the adoption of a boy for this “household” only for the purpose of sacrificial rites. The state eventually come to recognize legally and define the inheritance right of the posthumous sons. However, the sons selected by senior relatives did not have the same inheritance rights as natural sons or sons adopted during the parents" lifetimes, since such posthumous sons had not borne the burden of supporting the parents nor could they have acted ritually within the family during its existence. The heirs appointed posthumously on the recommendation of family elders received relatively small portions of the family estate. Their share was less than that of daughter"s, if any, and the upper ceiling was set at 1/3 of the family estate even without any surviving daughters. In Song China, the inheritance of the patrimony by the adopted sons was more of the compensation for their practical service including running the family business, taking care of the aged and serving national duties than the succession of sacrificial rites. The inheritance of the family estate was separated from the inheritance of sacrificial duties as the economy and the idea of private property prospered.

    원문보기

    원문보기
    무료다운로드 유료다운로드

    회원님의 원문열람 권한에 따라 열람이 불가능 할 수 있으며 권한이 없는 경우 해당 사이트의 정책에 따라 회원가입 및 유료구매가 필요할 수 있습니다.이동하는 사이트에서의 모든 정보이용은 NDSL과 무관합니다.

    NDSL에서는 해당 원문을 복사서비스하고 있습니다. 아래의 원문복사신청 또는 장바구니담기를 통하여 원문복사서비스 이용이 가능합니다.

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  5. [국내논문]   淸 中 · 後期 四川 三費局의 設立과 運營 - '慣行'의 질서에서 '章程'의 질서로  

    李俊甲
    東洋史學硏究 = Journal of Asian historical studies v.74 ,pp. 135 - 170 , 2001 , 1226-1270 ,

    초록

    It was a well-accepted practice in the Confucian family ideals to adopt a son in order to maintain the line of descendants performing sacrificial rites. Such sons, if from the same surname family, were entitled to the full right for the family inheritance. Yet in Song China, succession of the sacrificial rites was not the prerequisite for the inheritance of the patrimony. Under some circumstances adoption of children with different surnames was legal. There had long been provisions to cover adoptions of those orphaned as a result of natural disasters and children lost for other reasons, children whose surname were presumably unknown. As the laws governing the official adoption from differing surnames gradually turned more pliable and as a result, sons with the differing surnames became eligible for the patrimony as the family heir. Law drew a sharp distinction between formal adoption and the mere fostering of a child, which did not of itself create inheritance. A boy child who was not formally adopted had no claim on the patrimony of his fostered father. From mid-Northern Song times, though, the foster child was entitled to the patrimony under certain conditions, and terms regarding those conditions and his share of the patrimony were gradually modified in his favor. The foster child or adopted son with different surname was not to perform sacrificial rites, yet he lived and worked with the parents, eventually taking care of the elders and their funeral services as well. This was the justification for the legitimate claim for the right to the patrimony. As such, if the parents or the grand parents adopted the child before their deaths, he was entitled to the full patrimony. If a husband and wife died leaving no male descendants to serve as heirs, their household was said to have been a “household broken-off”. If this happened, the senior close relative could arrange the adoption of a boy for this “household” only for the purpose of sacrificial rites. The state eventually come to recognize legally and define the inheritance right of the posthumous sons. However, the sons selected by senior relatives did not have the same inheritance rights as natural sons or sons adopted during the parents" lifetimes, since such posthumous sons had not borne the burden of supporting the parents nor could they have acted ritually within the family during its existence. The heirs appointed posthumously on the recommendation of family elders received relatively small portions of the family estate. Their share was less than that of daughter"s, if any, and the upper ceiling was set at 1/3 of the family estate even without any surviving daughters. In Song China, the inheritance of the patrimony by the adopted sons was more of the compensation for their practical service including running the family business, taking care of the aged and serving national duties than the succession of sacrificial rites. The inheritance of the family estate was separated from the inheritance of sacrificial duties as the economy and the idea of private property prospered.

    원문보기

    원문보기
    무료다운로드 유료다운로드

    회원님의 원문열람 권한에 따라 열람이 불가능 할 수 있으며 권한이 없는 경우 해당 사이트의 정책에 따라 회원가입 및 유료구매가 필요할 수 있습니다.이동하는 사이트에서의 모든 정보이용은 NDSL과 무관합니다.

    NDSL에서는 해당 원문을 복사서비스하고 있습니다. 아래의 원문복사신청 또는 장바구니담기를 통하여 원문복사서비스 이용이 가능합니다.

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  6. [국내논문]   淸末民國期 湖南의 米穀市場과 商品流通  

    田炯權
    東洋史學硏究 = Journal of Asian historical studies v.74 ,pp. 171 - 211 , 2001 , 1226-1270 ,

    초록

    It was a well-accepted practice in the Confucian family ideals to adopt a son in order to maintain the line of descendants performing sacrificial rites. Such sons, if from the same surname family, were entitled to the full right for the family inheritance. Yet in Song China, succession of the sacrificial rites was not the prerequisite for the inheritance of the patrimony. Under some circumstances adoption of children with different surnames was legal. There had long been provisions to cover adoptions of those orphaned as a result of natural disasters and children lost for other reasons, children whose surname were presumably unknown. As the laws governing the official adoption from differing surnames gradually turned more pliable and as a result, sons with the differing surnames became eligible for the patrimony as the family heir. Law drew a sharp distinction between formal adoption and the mere fostering of a child, which did not of itself create inheritance. A boy child who was not formally adopted had no claim on the patrimony of his fostered father. From mid-Northern Song times, though, the foster child was entitled to the patrimony under certain conditions, and terms regarding those conditions and his share of the patrimony were gradually modified in his favor. The foster child or adopted son with different surname was not to perform sacrificial rites, yet he lived and worked with the parents, eventually taking care of the elders and their funeral services as well. This was the justification for the legitimate claim for the right to the patrimony. As such, if the parents or the grand parents adopted the child before their deaths, he was entitled to the full patrimony. If a husband and wife died leaving no male descendants to serve as heirs, their household was said to have been a “household broken-off”. If this happened, the senior close relative could arrange the adoption of a boy for this “household” only for the purpose of sacrificial rites. The state eventually come to recognize legally and define the inheritance right of the posthumous sons. However, the sons selected by senior relatives did not have the same inheritance rights as natural sons or sons adopted during the parents" lifetimes, since such posthumous sons had not borne the burden of supporting the parents nor could they have acted ritually within the family during its existence. The heirs appointed posthumously on the recommendation of family elders received relatively small portions of the family estate. Their share was less than that of daughter"s, if any, and the upper ceiling was set at 1/3 of the family estate even without any surviving daughters. In Song China, the inheritance of the patrimony by the adopted sons was more of the compensation for their practical service including running the family business, taking care of the aged and serving national duties than the succession of sacrificial rites. The inheritance of the family estate was separated from the inheritance of sacrificial duties as the economy and the idea of private property prospered.

    원문보기

    원문보기
    무료다운로드 유료다운로드

    회원님의 원문열람 권한에 따라 열람이 불가능 할 수 있으며 권한이 없는 경우 해당 사이트의 정책에 따라 회원가입 및 유료구매가 필요할 수 있습니다.이동하는 사이트에서의 모든 정보이용은 NDSL과 무관합니다.

    NDSL에서는 해당 원문을 복사서비스하고 있습니다. 아래의 원문복사신청 또는 장바구니담기를 통하여 원문복사서비스 이용이 가능합니다.

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  7. [국내논문]   國民會議 運動의 새로운 전개 - 革命武力과 國民의 결합  

    柳鏞泰
    東洋史學硏究 = Journal of Asian historical studies v.74 ,pp. 213 - 254 , 2001 , 1226-1270 ,

    초록

    It was a well-accepted practice in the Confucian family ideals to adopt a son in order to maintain the line of descendants performing sacrificial rites. Such sons, if from the same surname family, were entitled to the full right for the family inheritance. Yet in Song China, succession of the sacrificial rites was not the prerequisite for the inheritance of the patrimony. Under some circumstances adoption of children with different surnames was legal. There had long been provisions to cover adoptions of those orphaned as a result of natural disasters and children lost for other reasons, children whose surname were presumably unknown. As the laws governing the official adoption from differing surnames gradually turned more pliable and as a result, sons with the differing surnames became eligible for the patrimony as the family heir. Law drew a sharp distinction between formal adoption and the mere fostering of a child, which did not of itself create inheritance. A boy child who was not formally adopted had no claim on the patrimony of his fostered father. From mid-Northern Song times, though, the foster child was entitled to the patrimony under certain conditions, and terms regarding those conditions and his share of the patrimony were gradually modified in his favor. The foster child or adopted son with different surname was not to perform sacrificial rites, yet he lived and worked with the parents, eventually taking care of the elders and their funeral services as well. This was the justification for the legitimate claim for the right to the patrimony. As such, if the parents or the grand parents adopted the child before their deaths, he was entitled to the full patrimony. If a husband and wife died leaving no male descendants to serve as heirs, their household was said to have been a “household broken-off”. If this happened, the senior close relative could arrange the adoption of a boy for this “household” only for the purpose of sacrificial rites. The state eventually come to recognize legally and define the inheritance right of the posthumous sons. However, the sons selected by senior relatives did not have the same inheritance rights as natural sons or sons adopted during the parents" lifetimes, since such posthumous sons had not borne the burden of supporting the parents nor could they have acted ritually within the family during its existence. The heirs appointed posthumously on the recommendation of family elders received relatively small portions of the family estate. Their share was less than that of daughter"s, if any, and the upper ceiling was set at 1/3 of the family estate even without any surviving daughters. In Song China, the inheritance of the patrimony by the adopted sons was more of the compensation for their practical service including running the family business, taking care of the aged and serving national duties than the succession of sacrificial rites. The inheritance of the family estate was separated from the inheritance of sacrificial duties as the economy and the idea of private property prospered.

    원문보기

    원문보기
    무료다운로드 유료다운로드

    회원님의 원문열람 권한에 따라 열람이 불가능 할 수 있으며 권한이 없는 경우 해당 사이트의 정책에 따라 회원가입 및 유료구매가 필요할 수 있습니다.이동하는 사이트에서의 모든 정보이용은 NDSL과 무관합니다.

    NDSL에서는 해당 원문을 복사서비스하고 있습니다. 아래의 원문복사신청 또는 장바구니담기를 통하여 원문복사서비스 이용이 가능합니다.

    이미지

    Fig. 1 이미지
  8. [국내논문]   故 閔斗基先生의 學問的 業績  

    金衡鍾
    東洋史學硏究 = Journal of Asian historical studies v.74 ,pp. 255 - 267 , 2001 , 1226-1270 ,

    초록

    It was a well-accepted practice in the Confucian family ideals to adopt a son in order to maintain the line of descendants performing sacrificial rites. Such sons, if from the same surname family, were entitled to the full right for the family inheritance. Yet in Song China, succession of the sacrificial rites was not the prerequisite for the inheritance of the patrimony. Under some circumstances adoption of children with different surnames was legal. There had long been provisions to cover adoptions of those orphaned as a result of natural disasters and children lost for other reasons, children whose surname were presumably unknown. As the laws governing the official adoption from differing surnames gradually turned more pliable and as a result, sons with the differing surnames became eligible for the patrimony as the family heir. Law drew a sharp distinction between formal adoption and the mere fostering of a child, which did not of itself create inheritance. A boy child who was not formally adopted had no claim on the patrimony of his fostered father. From mid-Northern Song times, though, the foster child was entitled to the patrimony under certain conditions, and terms regarding those conditions and his share of the patrimony were gradually modified in his favor. The foster child or adopted son with different surname was not to perform sacrificial rites, yet he lived and worked with the parents, eventually taking care of the elders and their funeral services as well. This was the justification for the legitimate claim for the right to the patrimony. As such, if the parents or the grand parents adopted the child before their deaths, he was entitled to the full patrimony. If a husband and wife died leaving no male descendants to serve as heirs, their household was said to have been a “household broken-off”. If this happened, the senior close relative could arrange the adoption of a boy for this “household” only for the purpose of sacrificial rites. The state eventually come to recognize legally and define the inheritance right of the posthumous sons. However, the sons selected by senior relatives did not have the same inheritance rights as natural sons or sons adopted during the parents" lifetimes, since such posthumous sons had not borne the burden of supporting the parents nor could they have acted ritually within the family during its existence. The heirs appointed posthumously on the recommendation of family elders received relatively small portions of the family estate. Their share was less than that of daughter"s, if any, and the upper ceiling was set at 1/3 of the family estate even without any surviving daughters. In Song China, the inheritance of the patrimony by the adopted sons was more of the compensation for their practical service including running the family business, taking care of the aged and serving national duties than the succession of sacrificial rites. The inheritance of the family estate was separated from the inheritance of sacrificial duties as the economy and the idea of private property prospered.

    원문보기

    원문보기
    무료다운로드 유료다운로드

    회원님의 원문열람 권한에 따라 열람이 불가능 할 수 있으며 권한이 없는 경우 해당 사이트의 정책에 따라 회원가입 및 유료구매가 필요할 수 있습니다.이동하는 사이트에서의 모든 정보이용은 NDSL과 무관합니다.

    NDSL에서는 해당 원문을 복사서비스하고 있습니다. 아래의 원문복사신청 또는 장바구니담기를 통하여 원문복사서비스 이용이 가능합니다.

    이미지

    Fig. 1 이미지
  9. [국내논문]   彙報  

    편집부
    東洋史學硏究 = Journal of Asian historical studies v.74 ,pp. 268 - 270 , 2001 , 1226-1270 ,

    초록

    It was a well-accepted practice in the Confucian family ideals to adopt a son in order to maintain the line of descendants performing sacrificial rites. Such sons, if from the same surname family, were entitled to the full right for the family inheritance. Yet in Song China, succession of the sacrificial rites was not the prerequisite for the inheritance of the patrimony. Under some circumstances adoption of children with different surnames was legal. There had long been provisions to cover adoptions of those orphaned as a result of natural disasters and children lost for other reasons, children whose surname were presumably unknown. As the laws governing the official adoption from differing surnames gradually turned more pliable and as a result, sons with the differing surnames became eligible for the patrimony as the family heir. Law drew a sharp distinction between formal adoption and the mere fostering of a child, which did not of itself create inheritance. A boy child who was not formally adopted had no claim on the patrimony of his fostered father. From mid-Northern Song times, though, the foster child was entitled to the patrimony under certain conditions, and terms regarding those conditions and his share of the patrimony were gradually modified in his favor. The foster child or adopted son with different surname was not to perform sacrificial rites, yet he lived and worked with the parents, eventually taking care of the elders and their funeral services as well. This was the justification for the legitimate claim for the right to the patrimony. As such, if the parents or the grand parents adopted the child before their deaths, he was entitled to the full patrimony. If a husband and wife died leaving no male descendants to serve as heirs, their household was said to have been a “household broken-off”. If this happened, the senior close relative could arrange the adoption of a boy for this “household” only for the purpose of sacrificial rites. The state eventually come to recognize legally and define the inheritance right of the posthumous sons. However, the sons selected by senior relatives did not have the same inheritance rights as natural sons or sons adopted during the parents" lifetimes, since such posthumous sons had not borne the burden of supporting the parents nor could they have acted ritually within the family during its existence. The heirs appointed posthumously on the recommendation of family elders received relatively small portions of the family estate. Their share was less than that of daughter"s, if any, and the upper ceiling was set at 1/3 of the family estate even without any surviving daughters. In Song China, the inheritance of the patrimony by the adopted sons was more of the compensation for their practical service including running the family business, taking care of the aged and serving national duties than the succession of sacrificial rites. The inheritance of the family estate was separated from the inheritance of sacrificial duties as the economy and the idea of private property prospered.

    원문보기

    원문보기
    무료다운로드 유료다운로드

    회원님의 원문열람 권한에 따라 열람이 불가능 할 수 있으며 권한이 없는 경우 해당 사이트의 정책에 따라 회원가입 및 유료구매가 필요할 수 있습니다.이동하는 사이트에서의 모든 정보이용은 NDSL과 무관합니다.

    NDSL에서는 해당 원문을 복사서비스하고 있습니다. 아래의 원문복사신청 또는 장바구니담기를 통하여 원문복사서비스 이용이 가능합니다.

    이미지

    Fig. 1 이미지

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