Passion, Identity, and Law: Criminal Sodomy in Eighteenth Century China

• Main Authors: YU JUN-FENG, 余俊鋒
• Other Authors: LIU CHENG-YUN
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/rp266f

碩士 === 東吳大學 === 歷史學系 === 106 === Based on more than two thousand pieces of Archives, the discussion of this thesis is centered of “passion”, “identity”, and “law” these three dimensions, to re-evaluate the sodomy crime in eighteenth century China. The discussion on “passion” is mainly focused on “money” and “marriage”. According to the archival materials, nearly half of the cases of sodomy crime present the situation of “sodomy by consent”(和同雞姦), and such kind of homosexual relationship is mostly based on money. In some cases, parties involved in sodomy crime were married, some of them were even have child. Discussion of the connection between marriage and sodomy, and the embarrassing role female played in such cases, will be presented in chapter 2. According to the information revealed from the archival materials, sodomy crimes were mostly happened between employed workers and farmers. How about the situation among other especial occupations, such as beggar, soldier, monk, etc.? Were they acting sodomy as a survival strategy just as stated by previous scholars? Such discussion will be made under the topic of “identity” in chapter 3. Existing researches have already detailed discussed the letter of the law related to sodomy crime in Qing China, while there are still some issues about “law” deserve further discussion. One of which is about “man refusing to be raped and kill the perpetrator” (男子拒姦殺人). The existing researches failed to make it clearly explained. Such discussion will be processed in chapter 4.