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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... concepts , and institutions of law . Stephens calls this obfuscating approach " translating backward " all of our legalisms as if they were to be found in the Chinese system . With confident clarity , Stephens tells us that this was ...
... concepts , and vocabulary of familiar 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 ...
... first used , the more familiar Wade - Giles or hitherto commonly accepted form will follow in parentheses , thus : Beijing ( Peking ) . CHAPTER 1 Order without Law When traditional Chinese concepts and Note on Romanization XV.
... concepts and ideals of social order , inter- personal relations and obligations , and dispute resolution are viewed against the familiar models of Western jurisprudence , it is found that the two by no means coincide . This ...
... concepts of law , but at a much deeper level in differing concepts of order . In Western thought , the antithesis of chaos is order , and order is conceived of , both cosmologically and philosophically , as an artificial objective ...
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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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