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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... maintenance of order in society and for dispute resolution . As Stephens sees it , the West depends largely on a legal system for these functions , whereas China has no such things , in our sense , as law , courts , or adjudication in ...
... maintenance of order among themselves . In 1925 the settle- ment occupied 8.7 square miles of Chinese territory , and its population numbered 30,000 foreigners and 810,000 Chinese . It had developed into the biggest and most important ...
... maintenance of social order upon the principles of disciplinary theory rather than of jurisprudence or legal theory . For convenience and for the better under- standing of the Chinese system , I have included in chapter 2 a short ...
... maintenance of social order in tra- ditional China do not fit , and cannot be made to fit , into the categories , constructs , and relationships of Western jurisprudence . An entirely dif- ferent framework of theory , unrelated to ...
... maintenance of order in society . It is at this level that the divergencies occur that give rise to the intractable problems met with in attempting to reconcile the two systems . Examination and analysis of the differences at this level ...
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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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