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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... relations and obligations , and dispute resolution are viewed against the familiar models of Western jurisprudence , it is found that the two by no means coincide . This nonconformity has long embarrassed Western jurists attempting to ...
... duties of each party in relation to the other according to the predetermined codes . This may be designated an " adjudicative " system . Rules of obli- gation are the heart and center of this system . 4 Order without Law.
... relation , rigidly opposes the idea of natural order . Subjective law , or the legal relation , is a form of social disease . The making of legal rules is the original evil ; honesty and morals , and not the law , have to be the guides ...
... relations in Western jurisprudence connote principles , concepts , and procedures that were not within the horizons of thought of any Chinese administrative official from the lowest zhixian up to the board of punishments and to the ...
... relation to the Chinese system as jurisprudence stands to the legal systems of the West . THE WEST In the West the disciplinary mode of social control has never attracted to itself the same degree of scholarly study and interest as that ...
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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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