76 Du
NAN Nü 21 (2019) 76-106
NAN Nü 21 (2019) 76-106
Reforming Social Customs through Law: Dynamics
and Discrepancies in the Nationalist Reform of the
Adoptive Daughter-in-Law
Yue Du
Cornell University
yue.du@cornell.edu
Abstract
Tongyang, rearing daughters-in-law from childhood, was widely practiced as a form of
bride price marriage and transactional family building in late imperial and Republican
China. Denounced as feudal and backward in twentieth-century public discourse, this
time-honored and once legally-protected form of marriage went through significant law
reforms in the Republican era. This article examines how the Nationalist Guomindang
(GMD) party-state (1928-1949) re-conceptualized tongyang by introducing foreign-
inspired notions of parenthood as duty-bound guardianship, and marriage as a union of
free choice between spouses. The reformed law annulled the legal relationship between
“parents-in-law” and their adoptive daughters-in-law, which enabled adoptive daugh-
ters-in-law and their natal parents to dissolve previously established tongyang arrange-
ments through litigation. But outside the courtroom, the Nationalist state adopted a
non-interventionist approach toward the practice of tongyang, and took no actions to
identify people who violated the law. This particular way of reforming social customs
through reforming the law limited the effect of the GMD anti-tongyang legislation on a
deeply-rooted social practice. The Nationalist reform of the adoptive daughter-in-law
provides historians with a useful lens to discuss the dilemma Nationalist lawmakers
faced as they treaded between the lines of offending popular customs and enforcing a
rigid new social order through law, the balance of which was intimately connected with
the regime’s legitimacy.
Keywords
adoptive daughter-in-law (tongyang xi) – transactional family – law in Republican
China – judicial intervention – bride price
© Koninklijke Brill NV, Leiden, 2019 | doi:10.1163/15685268-00211P03
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