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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... present . Indeed , as he points out in passing , the ambiguity of current usage of " law " in modern administrative processes immune from judicial review is still suggestive in the modern era of the turgidity of much western writing in ...
... present , surely Stephens is correct in asserting that the analysis and description in much western literature on the Chinese sys- tem , proceeding , as it does , in the rhetoric of modern western law , can do little but thoroughly ...
... present , without start- ing from premises in the philosophy , the culture , and the sociology of China ; and these know no formal adjudication as we know it today . The Chinese system is different indeed . Therefore , the Chinese ...
... present is the harmony of pattern arising spontaneously from within . The idea of predetermined , rigid , universal imperatives governing conduct and im- posing order from without is not there.20 Nor is there any word in the Chinese ...
... present day . In the event , the study of legal theory became raised to the dignity of a science , while the study of disciplinary theory has been almost totally neglected . MILITARY SOURCES A surprisingly small literature emanates from ...
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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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