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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... according to Stephens , stem from the fundamental incompatibility between Chinese and 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 ...
... according to western ideals of criminal administration and judicial independence and probity . The Chinese magistrate and the western assessor sitting together made up the Mixed Court . Heretofore the Mixed Court has conventionally been ...
... according to the conscious will of a transcendent power exterior to the flux , by the enforcement of codes of rigid , univer- sal , specific , imperatives constraining conduct.4 In Chinese thought and cultural tradition , the antithesis ...
... according to the values of , an authority superior in rank to both parties ( generally from among the leaders of the immediate group ) , and primarily in the interests of maintaining the existing hierarchical order , the superior ...
... according to universal fixed codes , e.g. , acts of Parliament . Theory of this category : jurisprudence . The Disciplinary ( or “ Parental ” ) Contemplates : a confrontation between unequals — a status superior and an in- ferior ...
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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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