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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... parties or , if needed , instruction from the magistrate , not application of legal rules or assertion of right , as in western adjudication ; whereas westerners , from biblical times and the time of ancient Greece onward , have seen ...
... parties , in an adjudication . This adjudication is conducted by an authority equally subject to the codes , independent of each of the parties , and not committed to the interests of either one more than the other , and regardless of ...
... parties in the conduct expected of them , and the punishment of those disturbing harmony . This process was carried out by , and according to the values of , an authority superior in rank to both parties ( generally from among the ...
... parties on an equal footing , an external fixed code of conduct not prescribed by either , and enforced by an authority equally subject to it , independent of each of the parties , and not committed to the interests of either one more ...
... parties , but only the idea of the immediate command of a present superior in a hierarchical social context.21 Watt sharply distinguishes fa from law , rejecting the translation " law " and rendering it as " methods . ” 22 In the ...
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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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