内容提要 one had married into and lived with his wife's family that is to he said "married-in son-in-law"(shang men guye)or had been a foster child (gain being weighed“Minglinga"）,they still were regarded as“ex- tra doors".The village and cian were integrated.The logic of village membership is a sort of village community consciousness reposing on people's possessing minerals.Meanwhile the logic of village bound is a concept that villagers should monopolize the resources of land rights in the village sealing the family group relational network An independency livelihood family is the fundamental unit of land possession and management,thus an explaiming farmer's bread-and- hutter is a redoubtable viewpoint to understand rural land ownership. Actually,there is much definite space from farmhouse sustenance what some scholars call "farmer economy"to peasants'actual livelihood.In the scale of household land ession and operating conditon,the farmers universally selected part-time farming.This is due to the need of household population reproduction and the successive kin ethies as well as economical consideration.The addicting baby girl (ni nti ying) was namely a typical om selection based on focuture rite.The agrarian type of operation in modem Jiangnan had an irrationality of section very much.An effort should be given to follow the rational modemization from the perspeotive of an analysis of modemization theo ry visual.Its informing implicates farther axiology,but the agrarian family livelihood of the peasants in Jiangnan was only such a situation in the specific society history space at that times.The scholastic logic appears shoddy compared with that of peasants'vivid daily life Family possessions and family property are unified to the property and ethic view of con-shared-wealth.Each fanuily still was in existence
4 近代江南乡村地权的历史人类学研究 comprehensive collaborate and reciprocity relation,hut there was bore countless ties property relalion of the farnily stratagem after breaking up the family and living apart between the father and his sons,brethren compartment.When it is observed from transmission,family poperty wastransmittedm one generation to another,when ohservedfrom transverse direction,family possession was distributed anong brethren. At all the events,it was not only a property impression of bore dense- ness ethic,but also a traditional rgime of China.There is a regulation hidden behind the saying"mine is mine.your is mine too".Everyhody would like to obtain a full share of the limited family possessions.E- qual yield manufacture is a sor of theoretic geperalization.The actual course hroke the principles.The breaking up the fanily to live apart widened the gap between the rich and the poor in wealth.Small-peas- ant enmy isa result of the breaking up the family to live apart.In addition,the transmitting of family ssessons did ot bread through the kin con-shared-wealth manufacture.This leaves a bad circle of sys- tem. The traditional Chinese kin cthical gist lies in the relalional struc- ture as Fei Xiaotong agued"differentiation stucture of scial order" (cha xue geju).This contains inheriting of race and the transfer of family property,of which theatter ismore imporant to the continity of a clan.In the condition of"family without son"(juehu),the clans- men sougt togain their family pssesson with the forename of race inheriting,the implicit logic is an impression of kin con-wealth.In the system of clan con-wealth,the attempt to vie property was winded to- gether with clan ethic relation.It is very difficult to be cleared by mod- em civil-law impression.This is the so-called "economy and ethic for
内容提要 being gathered each other".In consanguinity fictional colleclive lens such as affiliation,drawn in continue,beckon go to live in the house hold of one's in-law on getting married and so on,its boltommost logic is con-shared-wealth view.In modern Jiangnan rural area,although the women comributed to their family economy.but they hadn't proper ty rights because of the righis of inheritance.If the structun of family was perfect,women hadn't property rights at all.Comparatively speak- ing,the widows had the rights to handle tbe family property,but they only managed it on behalf of their male-offspring.If a widow hadn't a child,she must donate the property to the ancestral hall.A matried daughter obtained the Liantian,but her mother's family could take bck the land at any time.Therefore,the property right of the women in modern Jiangnan rural area was fragmentary in the clanship,this is not hard to understand from on this case. In modem Jiangnan,clan organizations were not so advancrd as what some scholars have thought.If the problem about clan property in moder Jiangnan was discussed only from the angle of "systematica- tion",we wouldn't be able to reproduce the universality of history space-time.A great amount of information in chorography shows that clan organization had presented degradation in any degree since modem times,this is prominently demonstrated in the custom of sacrifice.The clan organizations were neither much advanced nor ubiquitous in mod- em or earlier Jiangnan region.In possession of bureaucracy ambient background such as oid and well-known family,the large one estab- lished wholesale farily field,and constructed ancestral temple,com mon husbandman of family equal supposed wield at home,therefore, "bold a memorial ceremony at home is ordinary custom",this is the
6 近代江南乡村地权的历史人类学研究 reason why I disapprove the method of functional lineage organization. It is not only a sort of kinship order from being intimated to being es tranged,but also a behavior engineering and ethic view by the nuclear with kin criteria,the relativity of“public”"and“individual”ideal is es- sentially peasants'clan ethical inherence logic.The indefinite right re- lation of clan yield is closely related to each other with clan ethic.It is a mores and a basic clan group relational network,because the relation of clan yield and family possessions in clansmen property ideal is a manifestation of relation between“public”and“"individual”in clan group-relational structure.The logic is the same to the management of clan yield and the dividing inheritance,inherit of race,the property boundary is fuy among the members in acan,its logic is"mine is mine,yours is mine too".The clan was only an enlargement of family, so long as the basic structure did not had changed,the clan property would not be able to hreak forth the clan con-shared-wealth system. In the tradition of rural society of China,because family was a basic space unit of ethic relation,thus the morality based on clanship became the main body of village culture.The intemal relation among the members in a clan was the mostly region of moralily emotion,the ethic relation out of clan cashed for being imitated the household rela- tionship.In the morality relativism nom of"differentiation structure of social order",there was not personal independence morality personality and right consciousness,as a member of a family,a person had many obligation to his family.Peasants pursued actual interest such as land, house and so on,brethren roughed up to vie wealth in the cause of di- viding inheritance,sib made upper law court to vie"family without son"(juehu)property moreover,this benefiting to property was not an
内容提要 individual natural claiming,while it was incamation of clan ethic,be- cause the impression of con-shared-wealth in a clan is a basic meaning of clanship. In the ethic relation,natural norm system with obligation melt sta- ble pattem of behavior and common guideline through the medium of township individual living practice,this was the chief method of social control so called custom in territory society.It is said thal traditional Chinese society is an etiquette and customary one,this appmach in primarily explained from ancient Confucian books and records of cul ture,but peasants accepted the stable and virtal custom of a long time in everyday life.The life of peasants was stricted in a narrow space, the logic of"differentiation structure of social order",exceeding this limit,its sanction disappeared,for instance,the"prestige"of middle- man ed in a pokey commnity,prestige"lapsed beyond thisre gion.On the other hand,the ritual incamated customary system and the relational structure of village community,all the respects were uni- fied at stable,constant and narrow sphere,this is a customary society. Infact,it is not appmopriate that some scholars regarled taditional Chinese rural society as an etiquette and customary one,because the custom is not a force of ethic moralizing by the state,but a system foundation that peasants practiced day after day To discuss the modem Chinese judicial is not essentially the termn of my researcb,but I came down to substantive civil verdict while re- searching tangle time about land rights.This makes me to be incapable of evading the problem.Traditional Chinese justice upheld the social rule of "differentiation structure of social order",so the property in- forming of litigants naturully withdrawn secondary position.Viewing