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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... Court ( 1911-27 ) makes an absorbing story from any angle , but especially from ... system for these functions , whereas China has no such things , in our sense ... legal terms about Chinese law . The fundamental point raised is the most ...
... legal rules or assertion of right , as in western adjudication ; whereas ... system . With confident clarity , Stephens tells us that this was exactly ... system as it is , that is , as a simple disciplinary system , lacking law , courts ...
... system is different indeed . Therefore , the Chinese system must have its own language . As Stephens would say , it needs the language of a " disciplinary system . " Terminology from a " legal system " will only confuse by causing ...
The Shanghai Mixed Court 1911-1927 Thomas B. Stephens. Heretofore the Mixed Court has conventionally been looked upon as a court of law administering a legal system , and its results have been evaluated against a background of ...
... system simply does not yield to treatment in terms of Western jurisprudence or legal theory . The realities of dispute resolution and the maintenance of social order in tra- ditional China do not fit , and cannot be made to fit , into ...
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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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