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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... hands of scholars , either in China or in the West . No comprehensive or systematic formulation of the principles of such systems has yet been attempted . This deficiency will be returned to later in the chapter . It should be noticed ...
... hand for sinologists to use . CHINA Living for more than two thousand years in a relationship with their rulers that they themselves characterized as a parent - child relationship , the Chinese were very experienced in the practical ...
... hand and the familiar tenets of legal theory , or jurisprudence , on the other . They will also indicate some of the kinds of adjustments the Western lawyer seeking to understand disciplinary systems will be required to make . It should ...
... hand , are much more specific , much narrower , much more naive , and very different from the many and complex ideals put forward by different jurists as the ends and purposes of law . They are : 1. The maintenance of the cohesion of ...
... except by the lawful judgment of his peers or by the law of the land . " In a disciplinary system , on the other hand , the authority at the apex of command ( e.g. the commander - in - chief The Principles of Disciplinary Theory 21.
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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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