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Pursuing rights and getting justice on China's ethnic frontier, 1949-1966

By Diamant, Neil J
Publication: Law & Society Review
Date: Monday, January 1 2001
HEADNOTE

This article explains how minority women in rural China managed to use state legal and political institutions to obtain a divorce, despite numerous obstacles. Beginning with a legal controversy over why women from the Yi minority

were going to court for "fun" and then divorcing their husbands, I proceed to look at the many factors that may have contributed to divorce in rural China, such as state ethnic policy, generational empowerment, culture, and the role of community in mediation and collective action. While such factors were influential, I argue that women's divorce in Yunnan was largely the result of a particular, time-bound confluence of revolutionary political forces that were unique to China, and not the direct product of the law or ethnic culture and status.

A Legal Controversy in Rural China, 1956

It seemed like just another ordinary fall day in a village of the Yi minority community in Yunnan Province, on China's southwestern border. As the sun rose over the glistening fields, families woke up and began their chores. Sometime later, their tasks completed, several young women, laden with recently harvested produce, met in the village square to go to the market town, as was their custom and duty. This was not an easy trip: Yunnan was a poor, mountainous province with few paved roads, railways, or motorized transport.

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