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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... interests were protected and the proceedings were 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 ...
... interest that I have never seen previously referred to : the correspondence files of the British assessors on the Mixed Court from 1906 to 1927. These files are incomplete and vary very much in size and quality from year to year , but ...
... interest . We are concerned here with deeper issues , with fundamental diver- gencies in the theoretical and philosophical ... interests of either one more than the other , and regardless of the con- sequences to the existing social and ...
... interests of maintaining the existing hierarchical order , the superior position of the authority figures in it , and the cohesion of the group . The outcome in such a system turns upon the enforcement of duties without rights . This ...
... interests of either one more than the other , regardless of the consequences to the existing political order . The proceedings turn on rights . Rules prescribing conduct are : central , indispensable , and of the essence . Observable 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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