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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... Principles of Disciplinary Theory 16 3 . The District Magistrate 40 4 . The Mixed Court Prior to 1911 44 5 . The Mixed Court 1911-27 : Historical Dimensions 48 6 . Mixed Court Administration of Order Analyzed 66 7 . Assessment of the ...
... principle ( universal , given , and external to those bound ) , and on equality and right , assertable in the adjudicative process from the bottom up by the citizenry . If there is no adjudication in China , nor any understanding of the ...
... principles in terms of which a much more credible and convincing picture of Chinese processes of dispute reso- lution and the enforcement of order can be projected than any that is possible in terms of the principles , concepts , and ...
... principles of disciplinary theory than any which is possible in terms of conventional legal theory . We are not greatly concerned here with resemblances or differences in the substantive content of the respective norms of preferred ...
... principles of law.12 The theory and philosophy of disciplinary systems however has re- ceived almost no attention at all at the hands of scholars , either in China or in the West . No comprehensive or systematic formulation of 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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