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Author : Orlan Lee
Publisher :
ISBN 13 :
Total Pages : 524 pages
Book Rating : 4.F/5 ( download)
Download or read book Legal and Moral Systems in Asian Customary Law written by Orlan Lee and published by . This book was released on 1978 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Geoffrey MacCormack
Publisher : University of Georgia Press
ISBN 13 : 9780820317229
Total Pages : 292 pages
Book Rating : 4.3/5 (172 download)
Download or read book The Spirit of Traditional Chinese Law written by Geoffrey MacCormack and published by University of Georgia Press. This book was released on 1996 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: By the end of the eighth century A.D., imperial China had established a system of administrative and penal law, the main institutions of which lasted until the collapse of the Ch'ing dynasty in 1911. The Spirit of Traditional Chinese Law studies the views held throughout the centuries by the educated elite on the role of law in government, the relationship between law and morality, and the purpose of punishment. Geoffrey MacCormack's introduction offers a brief history of legal development in China, describes the principal contributions to the law of the Confucian and Legalist schools, and identifies several other attributes that might be said to constitute the "spirit" of the law. Subsequent chapters consider these attributes, which include conservatism, symbolism, the value attached to human life, the technical construction of the codes, the rationality of the legal process, and the purposes of punishment. A study of the "spirit" of the law in imperial China is particularly appropriate, says MacCormack, for a number of laws in the penal codes on family relationships, property ownership, and commercial transactions were probably never meant to be enforced. Rather, such laws were more symbolic and expressed an ideal toward which people should strive. In many cases even the laws that were enforced, such as those directed at the suppression of theft or killing, were also regarded as an emphatic expression of the right way to behave. Throughout his study, MacCormack distinguishes between "official," or penal and administrative, law, which emanated from the emperor to his officials, and "unofficial," or customary, law, which developed in certain localities or among associations of merchants and traders. In addition, MacCormack pays particular attention to the law's emphasis on the hierarchical ordering of relationships between individuals such as ruler and minister, ruler and subject, parent and child, and husband and wife. He also seeks to explain why, over nearly thirteen centuries, there was little change in the main moral and legal prescriptions, despite enormous social and economic changes.
Author : Amanda Perreau-Saussine
Publisher : Cambridge University Press
ISBN 13 : 1139463217
Total Pages : 322 pages
Book Rating : 4.1/5 (394 download)
Download or read book The Nature of Customary Law written by Amanda Perreau-Saussine and published by Cambridge University Press. This book was released on 2007-05-17 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.
Author : David C. Buxbaum
Publisher : Springer
ISBN 13 : 9401762163
Total Pages : 325 pages
Book Rating : 4.4/5 (17 download)
Download or read book Family Law and Customary Law in Asia written by David C. Buxbaum and published by Springer. This book was released on 2013-11-11 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Regina F. Bendix
Publisher : John Wiley & Sons
ISBN 13 : 1118863143
Total Pages : 690 pages
Book Rating : 4.1/5 (188 download)
Download or read book A Companion to Folklore written by Regina F. Bendix and published by John Wiley & Sons. This book was released on 2014-08-25 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Companion to Folklore presents an original and comprehensive collection of essays from international experts in the field of folklore studies. Unprecedented in depth and scope, this state-of-the-art collection uniquely displays the vitality of folklore research across the globe. An unprecedented collection of original, state of the art essays on folklore authored by international experts Examines the practices and theoretical approaches developed to understand the phenomena of folklore Considers folklore in the context of multi-disciplinary topics that include poetics, performance, religious practice, myth, ritual and symbol, oral textuality, history, law, politics and power as well as the social base of folklore Selected by Choice as a 2013 Outstanding Academic Title
Author : O. Lee
Publisher : Springer Science & Business Media
ISBN 13 : 9401024383
Total Pages : 283 pages
Book Rating : 4.4/5 (1 download)
Download or read book “Moral Order” and The Criminal Law written by O. Lee and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: XIV Seen as a whole, however, I regard the work before us to be especially noteworthy precisely because of its illumination of both the social contexts surrounding the law and the ideas which underlie the efforts towards criminal law reform. An analysis of this kind has not appeared until now, to my knowledge, even in the German literature on the subject, so that this book is of great value to ·the German reader as well as the American. B. Particulars In Chapter IV: A the authors give a general introduction into the development of the German criminal law reform. In that connection they recognize the special role of the Christian Democratic (CDU), Socialist (SPD) coalition in the political situation [leading to passage of the reform law]. The authors emphasize the importance of the introduction of a uniform prison sentence [that is to say ·the termination of the distinction between kinds of prison sentences] and the elimination of short term prison sentences, as the main points of the reform in the "general part" of the code. They remark (pages 170; 192) that a uniform concept of the goal of punishment is still lacking, although, when all is said, there is a general agreement on the principle of resocialization.
Author : Max WL Wong
Publisher : Springer Nature
ISBN 13 : 9811516448
Total Pages : 226 pages
Book Rating : 4.8/5 (115 download)
Download or read book Chinese Marriage and Social Change written by Max WL Wong and published by Springer Nature. This book was released on 2020-02-10 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative account of the abolition of concubinage in East Asia, offering a new perspective and revised analysis of the factors leading to – and the debates surrounding – the introduction of a new Marriage Reform Ordinance in Hong Kong in 1971. It uses this law as a platform to examine how the existence of concubinage – long preserved in the name of protecting Chinese traditions and customs — crucially influenced family law reforms, which were in response to a perceived need to create a ‘modern’ marriage system within Hong Kong’s Chinese community after the Second World War. This was, by and large, the result of continued pressure from within Hong Kong and from Britain to bring Hong Kong’s marriage system in line with international marriage treaties. It represented one of the last significant intrusions of colonial law into the private sphere of Hong Kong social life, eliminating Chinese customs which had been previously recognised by the colonial legal system’s family law. This book contextualizes the Hong Kong situation by examining judicial cases interpreting Chinese customs and the Great Qing Code, offering a comprehensive understanding of the Hong Kong situation in relation to the status of concubines in Republican China and other East Asian jurisdictions. It will be of particular interest to teachers and students of law, as well as researchers in gender studies, post-colonialism, sociology and cultural studies.
Author : Geoffrey MacCormack
Publisher : Law in East Asia Series
ISBN 13 : 9780854900930
Total Pages : 319 pages
Book Rating : 4.9/5 (9 download)
Download or read book Traditional Chinese Penal Law written by Geoffrey MacCormack and published by Law in East Asia Series. This book was released on 2013 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is about the penal codes of imperial China, in particular those enacted by the T'ang, Sung, Ming abd Ch'ing dynasties"--Page ix.
Author : Berry Fong-Chung Hau
Publisher : Routledge
ISBN 13 : 131548823X
Total Pages : 222 pages
Book Rating : 4.3/5 (154 download)
Download or read book The Common Law System in Chinese Context written by Berry Fong-Chung Hau and published by Routledge. This book was released on 2019-07-25 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the 1984 Sino-British Joint Declaration on the future of Hong Kong the previous capitalist system and life-style shall remain unchanged for 50 years. This concept has been embedded in the Basic Law of Hong Kong. The future of the Common Law judicial system in Hong Kong depends on the perceptions of it by Hong Kong's Chinese population; judicial developments prior to July 1, 1997, when Hong Kong passes from British to Chinese control; and the Basic Law itself. All of these critical issues are addressed in this book. It applies survey and statistical analysis to the study of the attitudes toward, and the values inherent to, the Common Law judicial system in the unique cultural and economic milieu of Hong Kong in transition.
Author : Peter Harvey
Publisher : Cambridge University Press
ISBN 13 : 9780521556408
Total Pages : 504 pages
Book Rating : 4.5/5 (564 download)
Download or read book An Introduction to Buddhist Ethics written by Peter Harvey and published by Cambridge University Press. This book was released on 2000-06-22 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: A systematic introduction to Buddhist ethics aimed at anyone interested in Buddhism.
Author : Melissa Crouch
Publisher : Bloomsbury Publishing
ISBN 13 : 1782254773
Total Pages : 687 pages
Book Rating : 4.7/5 (822 download)
Download or read book Law, Society and Transition in Myanmar written by Melissa Crouch and published by Bloomsbury Publishing. This book was released on 2014-10-23 with total page 687 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume addresses the dynamics of the legal system of Myanmar/Burma in the context of the dramatic but incomplete transition to democracy that formally began in 2011. It includes contributions from leading scholars in the field on a range of key legal issues now facing Myanmar, such as judicial independence, constitutional law, human rights and institutional reform. It features chapters on the legal history of Myanmar; electoral reform; the role of the judiciary; economic reforms; and the state of company law. It also includes chapters that draw on the experiences of other countries to contextualise Myanmar's transition to democracy in a comparative setting, including Myanmar's participation in regional bodies such as ASEAN. This topical book comes at a critical juncture in Myanmar's legal development and will be an invaluable resource for students and teachers seeking greater understanding of the legal system of Myanmar. It will also be vital reading for a wide range of government, business and civil society organisations seeking to re-engage with Myanmar, as it navigates a difficult transition toward democracy and the rule of law.
Author : Alison Dundes Renteln
Publisher : Routledge
ISBN 13 : 0429656300
Total Pages : 303 pages
Book Rating : 4.4/5 (296 download)
Download or read book Folk Law written by Alison Dundes Renteln and published by Routledge. This book was released on 2019-05-23 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1994, Folk Law, a comprehensive two-volme collection of essays, examines the meeting place of folklore - the unwritten law of obligations and prohibitions that are understood and passed on - and jurisprudence. The contributors explore the historical significance and implications of folk law, its continuing influence around the globe, and the conflicts that arise when folk law diverges from official law. Valuable for students and scholars of law, folklore, or anthropology, Renteln and Dundes's extensive casebook marks a rare interdisciplinary approach to two important areas of research.
Author : Raymond Wacks
Publisher : Oxford University Press
ISBN 13 : 0199687005
Total Pages : 169 pages
Book Rating : 4.1/5 (996 download)
Download or read book Philosophy of Law written by Raymond Wacks and published by Oxford University Press. This book was released on 2014-02 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Raymond Wacks reveals the intriguing and challenging nature of legal philosophy, exploring the notion of law and its role in our lives. He refers to key thinkers from Aristotle to Rawls, from Bentham to Derrida and looks at the central questions behind legal theory, and law's relation to justice, morality, and democracy.
Author : H. Patrick Glenn
Publisher : Oxford University Press, USA
ISBN 13 : 0199205418
Total Pages : 423 pages
Book Rating : 4.1/5 (992 download)
Download or read book Legal Traditions of the World written by H. Patrick Glenn and published by Oxford University Press, USA. This book was released on 2007 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous editions published : 2nd (2004) and 1st (2000).
Author : Raja Devasish Roy
Publisher : Minority Rights Group
ISBN 13 : 1904584276
Total Pages : 40 pages
Book Rating : 4.9/5 (45 download)
Download or read book Traditional Customary Laws and Indigenous Peoples in Asia written by Raja Devasish Roy and published by Minority Rights Group. This book was released on 2005-04-07 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: For years, traditional laws – or customary laws – in Asia have been eroded. This report argues that remaining customary laws should be retained and discusses the extent to which their erosion can be reversed. Traditional Customary Laws and Indigenous Peoples in Asia focuses primarily on two types of customary law systems – personal or family law, and land and resource rights law – and considers the complex situation, which is far from uniform throughout Asia. For example, in some areas customary law systems and procedures are generally respected, while in other parts of Asia, customary law has been so eroded that it is virtually nonexistent and unrecognized by governments. There are also many examples that fall between these two situations. The author discusses the many challenges facing indigenous peoples in the pursuit of their customary law rights and many of the issues that have yet to be resolved within customary law systems. These include the occasional conflict between women’s rights and customary rights. The report focuses on the situation in the Chittagong Hill Tracts of Bangladesh, as well as including numerous examples from the Cordilleras in the Philippines; Jharkhand, Mizoram and Nagaland in India; northern Thailand; and Sabah and Sarawak in Malaysia, among others. Traditional Customary Laws and Indigenous Peoples in Asia is essential reading for indigenous peoples, nonindigenous government and political leaders and officials, staff of donor and development institutions and NGOs, and international bodies such as the United Nations.
Author : Patrick Daly
Publisher : Routledge
ISBN 13 : 1136582045
Total Pages : 379 pages
Book Rating : 4.1/5 (365 download)
Download or read book Routledge Handbook of Heritage in Asia written by Patrick Daly and published by Routledge. This book was released on 2012-03-29 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook is the first major volume to examine the conservation of Asia’s culture and nature in relation to the wider social, political and economic forces shaping the region today. Throughout Asia rapid economic and social change means the region’s heritage is at once under threat and undergoing a revival as never before. As societies look forward, competing forces ensure they re-visit the past and the inherited, with the conservation of nature and culture now driven by the broader agendas of identity politics, tradition, revival, rapid development, environmentalism and sustainability. In response to these new and important trends, the twenty three accessible chapters here go beyond sector specific analyses to examine heritage in inter-disciplinary and critically engaged terms, encompassing the natural and the cultural, the tangible and intangible. Emerging environmentalisms, urban planning, identity politics, conflict memorialization, tourism and biodiversity are among the topics covered here. This path-breaking volume will be of particular interest to students and scholars working in the fields of heritage, tourism, archaeology, Asian studies, geography, anthropology, development, sociology, and cultural and postcolonial studies.
Author : Deborah Cao
Publisher : Routledge
ISBN 13 : 1351951971
Total Pages : 234 pages
Book Rating : 4.3/5 (519 download)
Download or read book Chinese Law written by Deborah Cao and published by Routledge. This book was released on 2017-03-02 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studying Chinese law from a linguistic and communicative perspective, this book examines meaning and language in Chinese law. It investigates key notions and concepts of law, the rule of law, and rights and their evolutionary meanings. It examines the linguistic usage and textual features in Chinese legal texts and legal translation, and probes the lawmaking process and the Constitution as speech act and communicative action. Taking a cross-cultural approach, the book applies major Western philosophical thought to Chinese law, in particular the ideas concerning language and communication by such major thinkers as Peirce, Whorf, Gadamer, Habermas, Austin and Searle. The focus of the study is contemporary People's Republic of China; however, the study also traces and links the inherited and introduced cultural and linguistic values and configurations that provide the context in which modern Chinese law operates.
