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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... discussing comparative law . Stephens's point goes much deeper . There is no place for compara- tive law in understanding China , because there is no law of our sort there , no justiciable rules , independent bar , independent bench ...
... system , in all their vast under- taking , only eight pages in a very generalized and discursive essay on " The Far Eastern Conception of Law . " 31 Antony Allott declines to be drawn into any discussion of Order without Law 9.
... discussion of the Chinese system of dispute resolution and the maintenance of social order , tra- ditional or modern , dismissing the subject with an enigmatic " China's Law still remains largely a thing unknown . " 32 " It is ...
... discussions of Chinese dispute resolution and Chinese processes of social order upon a framework of the concepts and terminology of the jurisprudence and legal institutions of the modern West.36 Why do they do this ? Perhaps the basic ...
... discuss it almost solely from the prac- tical point of view — how it should be maintained and exercised to the best advantage for morale and fighting efficiency . Characteristi- cally the approach tends to be that of discipline in ...
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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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