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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... thought and to analyze it in terms of comparative law . The disparities are notorious and profound . It was the nature and ex- tent of these disparities that gave rise to extraterritoriality in China and gave the Western powers reason ...
... thought and cultural tradition , the antithesis of chaos is harmony , which is thought of simply as a natural characteristic of a state of affairs that arises and persists automatically in a hierarchical universe so long as all the ...
... thought that the traditional Chinese system of order was not a legal system.17 In 1934 , Marcel Granet observed , " La notion Chinoise de 1'Ordre exclut , sur tous ses aspects , 1'idee de Loi " ( The Chinese notion of Order excludes ...
... thought of the Legalist School with jurisprudence . " 24 The teaching of the legalists was directed to administration , organization , and leadership , not legalism . Waley calls the followers of this way of thought " realists " not ...
... thought that however one may treat the Chinese system , it cannot be sound to interpret it in terms of a legal system . Nevertheless , conventionally and almost universally , Chinese pro- cesses of dispute resolution and the maintenance ...
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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 |