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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... conducted as far as possible 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 ...
... conduct to be found in the two systems . In many respects there were close re- semblances . Both systems assumed that it is wrong to murder or steal , that fraud should be discouraged and punished , that debts must be paid , guarantees ...
... conduct is deemed to merit the death penalty , and so on . Such considerations are primarily of sociological , political , and economic significance and only secondarily of jurisprudential interest . We are concerned here with deeper ...
... conduct expected of them , and the punishment of those disturbing harmony . This process was carried out by , and according to the values of , an authority superior in rank to both parties ( generally from among the leaders of the ...
... conduct not prescribed by either , and enforced by an authority equally subject to it , independent of each of the parties , and not committed to the interests of either one more than the other , regardless of the consequences to the ...
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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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China s Death Penalty: History, Law and Contemporary Practices Hong Lu,Terance D. Miethe Sin vista previa disponible - 2007 |