Intellectual Orthodoxy,the Economy of Knowledge and the Debate Over Zhang Jingsheng’s Sex Histories*

Abstract

Since the Guomindang (GMD) and the Chinese Communist Party (CCP) adopted it as the basis of the marriage system in the early twentieth century, yifu yiqi zhi — which literally means a system of one husband, one wife—has been translated as monogamy. Yet the conflation of the Chinese characters yifu yiqi zhi with the English word monogamy resulted from contests over meaning that can be traced to Republican discussions on marriage and sex in general and on concubinage in particular, which attached the new notion of conjugal fidelity to yifu yiqi zhi. The criminalization of concubinage as adultery under GMD law and as bigamy under CCP law signaled the different meanings yifu yiqi zhi held in the early twentieth century, meanings that continue to influence contemporary usages of the term.     

The Legislative Process in Republican China: The 1930 Nationalist Family Law and the Controversy over Surnames for Married Women

Abstract

This article investigates the legislative process that produced the 1930 Nationalist Family Law Book of the Republican Civil Code, focusing in particular on the debate over married women's surnames. In the accompanying discussion, Guomindang (GMD) lawmakers, legal experts, educators, women's rights advocates, and others grappled in a remarkably open manner over how best to address the surname question in light of their concerns with Party consolidation, legal modernisation, gender equality, social stability, and individual identity. Although the outcome of the legislative process affirmed customary surname practices (albeit with progressive overtones), the process itself was uniquely radical, with participants thoroughly reevaluating one of the oldest and most fundamental patriarchal institutions in Chinese society. The legislative and post-legislative debate over surnames illuminates the Nanjing Decade as a singular transitional period in the history of Chinese law and gender during which law was subject to revision and amendment rather than orthodoxy, and GMD policy toward women was subject to deliberation rather than dictated by ideology.