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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... proceeding , as it does , in the rhetoric of modern western law , can do little but thoroughly confuse . This is because it wrongly presumes , in a Platonic way , for China the existence of something comparable to our ideas , concepts ...
... proceedings and to ensure that western interests were protected and the proceedings were conducted as far as possible according to western ideals of criminal administration and judicial independence and probity . The Chinese magistrate ...
... proceedings turn on rights . Rules prescribing conduct are : central , indispensable , and of the essence . Observable in : the West , the United States , Europe , and in sports . Appropriate to a society classed as : individualistic ...
... proceedings , litigation , trials , lawsuits , contracts , territorial sovereignty , due process , and all the parapherna- lia of the legal subcultures of Western constitutional democracies have been exported from the West and smuggled ...
... proceedings of disciplinary authorities . As late as 1954 in Ex parte Fry40 the Court of Appeal refused to review the exercise of disciplinary authority over a fireman by the chief officer of the fire brigade . Since the decision in ...
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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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China s Death Penalty: History, Law and Contemporary Practices Hong Lu,Terance D. Miethe Sin vista previa disponible - 2007 |