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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... rules or assertion of right , as in western adjudication ; whereas westerners , from biblical times and the time of ancient Greece onward , have seen " law " as based on principle ( universal , given , and external to those bound ) ...
... rules applied by in- dependent courts ; and there are the orders — do - as - you - are - told - and- don't - talk - back " law " —of disciplinary systems . Indeed there is plenty of de facto do - as - you - are - told " law " in modern ...
... 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.
... rules . We may adopt the word used by Alice Ehr - Soon Tay in connection with the Chinese system and label this category , alternatively , a " parental " system.10 It is characteristic of the adjudicative system that political rulers ap ...
... 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 and egalitarian , " con- tract ...
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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 |