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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... action . Tay , commenting on Weber , points out that " the overwhelming majority of Western observers have felt that traditional Chinese justice is ' parental ' rather than ' adjudicative ' justice . " 15 Jerome A. Cohen , explaining ...
... action — a parade- ground address — rather than that of discipline in theory — dispassion- ate analysis.39 Army sources disclose no significant interest in the construction of a framework of theory that might serve as a standard in ...
... action from day to day in its reality , nor as any statement of rules or practice for the conduct of disciplinary systems . They are to be understood , rather , as theoretical abstractions drawn from the ideas , motivations , purposes ...
... action by the group leaders as a breakdown in discipline . In an adjudicative system , the adjudicator exercises powers of punish- ment limited to those specifically designated in a transcendent code and only for those offenses ...
... action that is regarded by that authority as improper , displeasing , or prejudicial to the regime . The Emperor ... actions displeasing to authority whether specifically made punishable or not . This is one of the distinguishing marks ...
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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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