Beyond State/Market: Usury Law in Late-Ming China

Abstract This article examines the interdependent relationship between the state, law, and market in early modern China. Focusing on usury statutes, it analyzes how the Chinese state in the sixteenth and seventeenth centuries employed its legal framework to regulate a burgeoning money economy. The study underscores the critical role of law as an instrument of statecraft, essential for sustaining market functionality and social stability. Law’s multifaceted nature—encompassing legislation, specialist interpretations, adjudication, legal education, professional manuals, and popular knowledge—challenges the simplistic view of Confucian values as inherently anti-commerce. Instead, it shows how these values supported the uniformity and practicality of legal interpretations and judicial decisions. Moreover, the Chinese case points to a broader analytical framework with cross-cultural relevance: economic justice and market efficiency are not inherently opposed but can be mutually reinforcing when grounded in a shared set of values and legal regulations.

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Publication Details

Journal
Law and History Review
Published
2025-11-12
DOI
https://doi.org/10.1017/s0738248025101259
Primary Topic
Chinese history and philosophy
Type
article
Field-Weighted Citation Impact
0.00
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article

Beyond State/Market: Usury Law in Late-Ming China

Weiwei Luo
Law and History Review
Chinese history and philosophy
article

Beyond State/Market: Usury Law in Late-Ming China

Weiwei Luo
article en

Abstract

Abstract This article examines the interdependent relationship between the state, law, and market in early modern China. Focusing on usury statutes, it analyzes how the Chinese state in the sixteenth and seventeenth centuries employed its legal framework to regulate a burgeoning money economy. The study underscores the critical role of law as an instrument of statecraft, essential for sustaining market functionality and social stability. Law’s multifaceted nature—encompassing legislation, specialist interpretations, adjudication, legal education, professional manuals, and popular knowledge—challenges the simplistic view of Confucian values as inherently anti-commerce. Instead, it shows how these values supported the uniformity and practicality of legal interpretations and judicial decisions. Moreover, the Chinese case points to a broader analytical framework with cross-cultural relevance: economic justice and market efficiency are not inherently opposed but can be mutually reinforcing when grounded in a shared set of values and legal regulations.

Law and History Review
Grinnell College (US)
Openalex Percentile: Top 56%
Chinese history and philosophy
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