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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The Shanghai Mixed Court 1911-1927 Thomas B. Stephens. This page intentionally left blank CHAPTER 1 Order without Law When traditional Chinese concepts and.
... traditional Chinese concepts and ideals of social order , inter- personal 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 ...
... traditional China , where concepts of harmony pre- vailed , disputes were resolved and disturbances of harmony corrected ( ideally within the immediate group where they arose ) by relating them to the personalities , the exigencies ...
... traditional Chinese system of dispute resolution and the maintenance of order in society was cast in a disciplinary mold . An analogy with parental control of order in the nursery and family has been consistently recognized since before ...
... traditional Chinese justice is ' parental ' rather than ' adjudicative ' justice . ” 15 Jerome A. Cohen , explaining and illustrating the philosophy under- lying the criminal process in China today , has aligned it with the atti- tudes ...
Contenido
1 | |
3 | |
16 | |
3 The District Magistrate | 40 |
4 The Mixed Court Prior to 1911 | 44 |
Historical Dimensions | 48 |
6 Mixed Court Administration of Order Analyzed | 66 |
7 Assessment of the Work of the Mixed Court 191127 | 100 |
8 Wider Issues | 113 |
Notes | 123 |
Select Bibliography | 143 |
Index | 157 |
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Order and Discipline in China: The Shanghai Mixed Court 1911-1927 Thomas B. Stephens Vista previa limitada - 2016 |