Husbands and Wives in Qin and Han-Dynasty Bamboo Legal Texts

Abstract In Qin and Han times, the establishment of a complex legal system that applied to every member of the empire brought about an unprecedented transformation of the husband–wife relationship, changing it from a bond largely determined by custom, ritual, and family concerns to one regulated by law. Laws recorded in the Zhangjiashan bamboo legal texts reveal that women's legal status in Qin and Han times was far higher and allowed for greater autonomy than previously imagined. Their increased legal standing may be traced to reduced household size, a policy set to counteract the mounting death toll and social chaos that followed Qin expansion and the transition from Qin to Han rule. I analyze exemplary cases to demonstrate how the small family system in conjunction with a legal order that empowered women as household heads created a new space for widows and wives to exercise their autonomy.