With rich archival sources, deep analysis, and well-consulted secondary literature, Tristan Brown explores the vicissitudes of a significant discourse—fengshui (geomancy in the Chinese context)—from legal, political, and social perspectives during China’s last imperial dynasty, the Manchu Qing (1644–1912). Brown convincingly demonstrates how these discourses were both believed in and wielded by Chinese commoners and elites alike, maneuvered by various social classes to pursue their perceived interests. These interests ranged from the selection of tomb locations and the resolution of disputes over ancestral groves to decisions about the siting of temples, salt production, and mining operations.
While disputes over fengshui often escalated into legal lawsuits, officials and the government became the ultimate authorities in producing and interpreting fengshui knowledge. During the first two centuries of the Qing dynasty, officials appointed by the emperor served as defenders, maintainers, and arbiters of fengshui practices. However, they faced a profound dilemma as Western imperialism began encroaching on the empire. With an economy in decline and a military unprepared to compete with Western powers, the introduction of railways, telegraphs, and foreign-owned mines began to overshadow the importance traditionally attached to fengshui discourse. The push to modernize and develop the economy compelled the government to revise land laws and adopt a more pragmatic attitude toward fengshui.
This book merges research in legal history with social and religious history, offering a compelling demonstration of how deeply entrenched discourses that had prevailed in a society for centuries can be transformed by the very political authority that had once endorsed them. Brown argues that when economic and technological developments—revolutionary in nature—alter a nation’s competitive standing on the international stage, even a long-entrenched belief system must yield to these new imperatives. Political authority, wielding the sanctioned force of law and its implementation, can undermine such belief systems to pave the way for economic and technological progress.
The book begins its exploration of fengshui in daily life by examining litigation over grave sites, lineage cemetery groves, and ancestral properties. Graves were deeply connected to a family’s fengshui, and the Qing government assumed the responsibility of protecting grave sites, lineage cemeteries, and ancestral groves. However, the ambiguity surrounding land ownership often led to disputes. Individuals sometimes identified fake graves or anonymous graves of uncertain lineage as belonging to their own ancestors to claim and manage the associated land. Commoners frequently sued relatives or neighbors for cutting down fengshui trees, which were considered vital to maintaining the harmony and prosperity of a family. Qing officials, equipped with knowledge of fengshui, served as mediators and judges, resolving these disputes and rendering judicial decisions based on the principles of fengshui.
Chapter 2 carefully examines how powerful lineages defended their fengshui and land by producing geomantic maps of gravesites and ancestral properties. It also delves into the protocols magistrates followed when adjudicating fengshui-related lawsuits. These magistrates established their authority as interpreters and arbiters of fengshui not only through their judicial roles but also by commissioning maps of graves, houses, and temples and referencing geomantic principles recorded in texts produced by the imperial court and renowned fengshui masters.
Chapters 3 and 4 shift the focus from fengshui as it pertains to individual families or lineages to fengshui as it relates to local regions. The quality of a region’s fengshui was often believed to be reflected in the number of local residents who succeeded in passing the civil service examinations. Consequently, magistrates and local elites took on the responsibility of maintaining and enhancing the region’s fengshui, while opposing any actions perceived as harmful to it. Public spaces and local landscapes became arenas of contention, with debates over constructing new buildings or demolishing old ones—particularly those related to education and religion—framed through the interpretation of fengshui principles.
Chapter 4 explores how fengshui discourse was employed both to defend and to oppose mining and other industries. Miners and quarry operators, dealing in resources such as salt, coal, and stone, often hired ritual specialists—particularly Daoists—to justify their operations by demonstrating their alignment with fengshui principles. Conversely, opponents leveraged fengshui as a basis for litigation, arguing for the relocation or permanent banning of such industries due to their perceived disruption of natural and social harmony. Qing officials served as the ultimate arbiters, tasked with making judicial decisions that balanced support for local industries—essential for economic growth—with the concerns of residents whose lives might be adversely affected.
The final chapter highlights the pivotal role fengshui played in the debates over industrialization and infrastructural development during the Qing court’s response to Western encroachment, which was fueled by advanced technology and a stronger economy. While the Qing government recognized that fengshui was deeply entrenched in the belief systems of its people and held significant influence over daily life, it could no longer prioritize its defense. Instead, Qing legal codes evolved to accommodate infrastructure projects and industrialization, such as the construction of railways, telegraphs, and mines, in the early twentieth century. In Chapter 1, we saw local magistrates assuming responsibility for protecting ancient tombs during the first two centuries of the dynasty. Chapter 5 describes the land appropriations for the Shanghai-Nanjing (Hu-Ning) Railway between 1904 and 1908, during which surveyors relocated an astonishing 73,561 gravesites.
However, this shift was not without resistance. Commoners, deeply attached to fengshui, protested by sabotaging railways and telegraphs, viewing them as disruptors of natural harmony. While disturbing ancient tombs had long been considered a crime, the destruction of railways that were believed to disturb fengshui now became a criminal offense.
Laws of the Land presents an elucidating narrative supported by rich sources and deep analysis, offering a vigorous historical landscape in which religious beliefs shaped law and litigation and were eventually reshaped by legal frameworks. After reading the detailed descriptions of disputes over fengshui—whether between individuals, gentry, and local businesses, or the government and its people—readers are likely to have questions they wish the author would address in future research. Were disputes over land, framed in terms of fengshui, partially rooted in the ambiguity surrounding land ownership? Who produced fengshui knowledge? How can we understand the professionalization of the fengshui field, and who held the authority to interpret fengshui? What were the dynamics between political authority and religious power, particularly fengshui in Qing China? The Qing central court produced official fengshui guidance books, while commercial presses circulated unofficial fengshui texts. Fengshui masters were employed by the government, and fengshui experts served both commoners and elites. However, in practice, professional opinions often held limited weight, as magistrates became the final arbiters in fengshui-related litigation. This raises further critical questions: What exactly was the dynamic between political power and fengshui masters? Could political authority entirely override the expertise of fengshui practitioners? These questions invite deeper exploration into the interplay between political power, religious authority, and professional expertise in Qing China.
