Order and Discipline in China: The Shanghai Mixed Court 1911-1927University of Washington Press, 2016 M06 1 - 176 páginas China’s traditional system of dispute resolution and maintenance of order in society has been treated by Western scholars as legal history, but because the Chinese system is radically different from European systems in its conceptual structure and therefore does not fit into the familiar categories and models of Western law and jurisprudence, such treatment has been inadequate and often misleading. In Order and Discipline in China, Thomas B. Stephens provides a new approach, methodology, and theoretical framework for the interpretation of traditional Chinese “law.” |
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... Western systems for the maintenance of order in society and for dispute resolution . As Stephens sees it , the West depends largely on a legal system for these functions , whereas China has no such things , in our sense , as law ...
... western literature on the Chinese sys- tem , proceeding , as it does , in the rhetoric of modern western law , can do little but thoroughly confuse . This is because it wrongly presumes , in a Platonic way , for China the existence of ...
... western consular representative ( called an asses- sor ) should sit with him to monitor the proceedings and to ensure that western interests were protected and the proceedings were conducted as far as possible according to western ...
... Western legal systems . Indeed it may be affirmed that only a grossly distorted caricature and a grave misrepresentation of the Chinese sys- tem is possible without the insights that a study of disciplinary theory affords . This book ...
... Western jurisprudence , it is found that the two by no means coincide . This nonconformity has long embarrassed Western jurists attempting to interpret the Chinese system in terms of Western juristic thought and to analyze it in terms ...
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Order and Discipline in China: The Shanghai Mixed Court 1911-1927 Thomas B. Stephens Vista previa limitada - 2016 |
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