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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... adjudicative process from the bottom up by the citizenry . If there is no adjudication in China , nor any understanding of the idea of law in Chinese culture , and if there is therefore no " right " in China , past or present , surely ...
... of the rights and duties of each party in relation to the other according to the predetermined codes . This may be designated an " adjudicative " system . Rules of obli- gation are the heart and center of this system . 4 Order without Law.
... adjudicative system that political rulers ap- plying it act as the " fountain of justice , " that is to say they ... adjudicative systems of order are matters of commonplace knowledge and experience in the West . They are the daily ...
The Shanghai Mixed Court 1911-1927 Thomas B. Stephens. The Adjudicative ( or “ Legal ” ) Contemplates : a confrontation between parties on an equal footing , an external fixed code of conduct not prescribed by either , and enforced by an ...
... adjudicative ' justice . " 15 Jerome A. Cohen , explaining and illustrating the philosophy under- lying the criminal process in China today , has aligned it with the atti- tudes of the Inquisition and the practices of nursery management ...
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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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