The Spirit Of Traditional Chinese Law

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The Spirit of Traditional Chinese Law

Author : Geoffrey MacCormack
Publisher : University of Georgia Press
ISBN 13 : 9780820317229
Total Pages : 292 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis The Spirit of Traditional Chinese Law by : Geoffrey MacCormack

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.

The Spirit of Islamic Law

Author : Bernard G. Weiss
Publisher : University of Georgia Press
ISBN 13 : 0820328278
Total Pages : 233 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis The Spirit of Islamic Law by : Bernard G. Weiss

Download or read book The Spirit of Islamic Law written by Bernard G. Weiss and published by University of Georgia Press. This book was released on 2006 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on a Muslim legal science known in Arabic as usul al-fiqh. Whereas the kindred science of fiqh is concerned with the articulation of actual rules of law, this science attempts to elaborate the theoretical and methodological foundations of the law. It outlines the features of Muslim juristic thought.

The Spirit of Japanese Law

Author : John Owen Haley
Publisher : University of Georgia Press
ISBN 13 : 0820328871
Total Pages : 277 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis The Spirit of Japanese Law by : John Owen Haley

Download or read book The Spirit of Japanese Law written by John Owen Haley and published by University of Georgia Press. This book was released on 2006 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Spirit of Japanese Law focuses on the century following the Meiji Constitution, Japan's initial reception of continental European law. As John Owen Haley traces the features of contemporary Japanese law and its principal actors, distinctive patterns emerge. Of these none is more ubiquitous than what he refers to as the law's "communitarian orientation." While most westerners may view judges as Japanese law's least significant actors, Haley argues that they have the last word because their interpretations of constitution and codes define the authority and powers they and others hold. Based on a "sense of society," the judiciary confirms bonds of village, family, and firm, and "abuse of rights" and "good faith" similarly affirms community. The Spirit of Japanese Law concludes with constitutional cases that help explain the endurance of community in contemporary Japan.

Traditional Chinese Penal Law

Author : Geoffrey MacCormack
Publisher : Law in East Asia Series
ISBN 13 : 9780854900930
Total Pages : 319 pages
Book Rating : 4.9/5 (9 download)

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Book Synopsis Traditional Chinese Penal Law by : Geoffrey MacCormack

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.

The Tradition and Modern Transition of Chinese Law

Author : Jinfan Zhang
Publisher : Springer Science & Business Media
ISBN 13 : 3642232663
Total Pages : 719 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis The Tradition and Modern Transition of Chinese Law by : Jinfan Zhang

Download or read book The Tradition and Modern Transition of Chinese Law written by Jinfan Zhang and published by Springer Science & Business Media. This book was released on 2014-02-20 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book was first published in 1997, and was awarded the first prize of scientific research by the Ministry of Justice during the ninth Five-Year Plan of China. In 2005, it was adopted the text book for the postgraduates of law majors. In 2009, it was awarded the second prize of the best books on law in China. The book discusses from different aspects the long legal tradition in China, and it not only helps us to have a further understanding of Chinese legal system but also combines theories and practice and illustrate the modern legal transition which probes the history of Chinese legal system. As is known to us all, China is a country with a long legal history, which can be traced back to more than three thousand year ago. So the legal tradition of China has been passed down from generation to generation without any interruptions. This feature is peculiar to Chinese legal history which is beyond all comparison with that of other countries such as ancient Egypt, ancient India, ancient Babylon and ancient Persia. Through the study of Chinese legal history we can have a deeper understanding of the histories, features, origins and the transition of Chinese legal tradition. The Chinese legal tradition originated from China, and it is the embodiment of the wisdom and creativity of Chinese civilization. The great many books, researching materials, legal constitutions, archives, files and records of different dynasties in China have provided us with rare, complete and systematic materials to research. The book has a complete, systematic and detailed research on Chinese legal tradition and its transition and it gives people a correct recognition of the process of the perfection of laws during its development and its position as well as its value in the social progress in order to grasp its regular patterns. It also has showed us the most valuable part and core of Chinese legal Tradition and it is a summary of Chinese legal tradition and its transition from different perspectives, different angles and different levels. From the book, we can see that the ancient Chinese Legal Culture had once shocked the world and exerted great influence on the civilization of the world legal system, especially the legal systems in Asian countries. The book also has discussed the reestablishment of law in the late Qing Dynasty and the beginning of the Chinese law’s transition to modernity. In a word, the book has not only combined the legal system and the legal culture together, but also integrated the important historical figures and events ingeniously and it is a valuable and readable book with authenticity.

Origins of Chinese Law

Author : Yongping Liu
Publisher :
ISBN 13 :
Total Pages : 384 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Origins of Chinese Law by : Yongping Liu

Download or read book Origins of Chinese Law written by Yongping Liu and published by . This book was released on 1998 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Origins of Chinese Law develops and supports an original, yet controversial, picture of early Chinese law. Casting doubt on the accepted premise that there was a unified system of law and punishment throughout the ancient Chinese empire based on the wuxing, or five punishments, the author suggests a more complicated and diverse picture: that from their earliest origins the Chinese people were subject to different laws and punishments based on their clan or social status." "Using a wealth of literary evidence from the Confucian classics and historical writings, and making use of recent archaeological excavations of oracle bones, bronze inscriptions, and bamboo strips, the author elucidates the central concepts that formed the basis of early Chinese law such as Li, covenant, punishment, and the theories and practice of law of the Qin and Han dynasties."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

A Study of Legal Tradition of China from a Culture Perspective

Author : Zhiping Liang
Publisher : Springer Nature
ISBN 13 : 9811945101
Total Pages : 347 pages
Book Rating : 4.8/5 (119 download)

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Book Synopsis A Study of Legal Tradition of China from a Culture Perspective by : Zhiping Liang

Download or read book A Study of Legal Tradition of China from a Culture Perspective written by Zhiping Liang and published by Springer Nature. This book was released on 2023-03-10 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Zhiping Liang offers a new understanding of Chinese legal tradition in this profoundly influential book. Unlike the available literature using the usual method of legal history research, this book attempts to illustrate ancient Chinese legal tradition through cultural interpretation. The author holds that both the concept and practice of law are meaningful cultural symbols. The law reveals not only the life pattern in a specific time and space but also the world of the mind of a specific group of people. Therefore, just as cultures have different types, laws embedded in different societies and cultures also have different characters and spirits. Believing that human experience is often condensed into concepts, categories, and classifications, the author begins his discussion with the analysis of relevant terms and then seeks to understand history by interpreting the interaction and interconnectedness of the words, ideas, and practices. Based on the same understanding, the author uses modern concepts reflectively and critically, consciously exploiting the differences between ancient and contemporary Chinese and Western concepts to achieve a more realistic understanding of history while avoiding the ethnocentrism and modern-centrism common in historical studies.

Heaven Has Eyes

Author : Xiaoqun Xu
Publisher : Oxford University Press
ISBN 13 : 0190060050
Total Pages : 352 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis Heaven Has Eyes by : Xiaoqun Xu

Download or read book Heaven Has Eyes written by Xiaoqun Xu and published by Oxford University Press. This book was released on 2020-08-03 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Heaven Has Eyes is a comprehensive but concise history of Chinese law and justice from the imperial era to the post-Mao era. Never before has a single book treated the traditional Chinese law and judicial practices and their modern counterparts as a coherent history, addressing both criminal and civil justice. This book fills this void. Xiaoqun Xu addresses the evolution and function of law codes and judicial practices throughout China's long history, and examines the transition from traditional laws and practices to modern ones in the twentieth century. To the Chinese of the imperial era, justice was an alignment of heavenly reason (tianli), state law (guofa), and human relations (renqing). Such a conception did not change until the turn of the twentieth century, when Western-derived notions-natural rights, legal equality, the rule of law, judicial independence, and due process--came to replace the Confucian moral code of right and wrong. The legal-judicial reform agendas that emerged in the beginning of the twentieth century (and are still ongoing today) stemmed from this change in Chinese moral and legal thinking, but to materialize the said principles in everyday practices is a very different order of things, and the past century was fraught with legal dramas and tragedies. Heaven Has Eyes lays out how and why that is the case.

The Spirit of Classical Canon Law

Author : R. H. Helmholz
Publisher : University of Georgia Press
ISBN 13 : 0820334634
Total Pages : 532 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis The Spirit of Classical Canon Law by : R. H. Helmholz

Download or read book The Spirit of Classical Canon Law written by R. H. Helmholz and published by University of Georgia Press. This book was released on 2010-05-01 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: ---Ecclesiastical Law Review --

The Spirit of International Law

Author : David J. Bederman
Publisher : University of Georgia Press
ISBN 13 : 0820326399
Total Pages : 294 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis The Spirit of International Law by : David J. Bederman

Download or read book The Spirit of International Law written by David J. Bederman and published by University of Georgia Press. This book was released on 2010-01-25 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: As our society becomes more global, international law is taking on an increasingly significant role, not only in world politics but also in the affairs of a striking array of individuals, enterprises, and institutions. In this comprehensive study, David J. Bederman focuses on international law as a current, practical means of regulating and influencing international behavior. He shows it to be a system unique in its nature—nonterritorial but secular, cosmopolitan, and traditional. Part intellectual history and part contemporary review, The Spirit of International Law ranges across the series of cyclical processes and dialectics in international law over the past five centuries to assess its current prospects as a viable legal system. After addressing philosophical concerns about authority and obligation in international law, Bederman considers the sources and methods of international lawmaking. Topics include key legal actors in the international system, the permissible scope of international legal regulation (what Bederman calls the "subjects and objects" of the discipline), the primitive character of international law and its ability to remain coherent, and the essential values of international legal order (and possible tensions among those values). Bederman then measures the extent to which the rules of international law are formal or pragmatic, conservative or progressive, and ignored or enforced. Finally, he reflects on whether cynicism or enthusiasm is the proper attitude to govern our thoughts on international law. Throughout his study, Bederman highlights some of the canonical documents of international law: those arising from famous cases (decisions by both international and domestic tribunals), significant treaties, important diplomatic correspondence, and serious international incidents. Distilling the essence of international law, this volume is a lively, broad, thematic summation of its structure, characteristics, and main features.

Law and Society in Traditional China

Author : Tongzu Qu
Publisher :
ISBN 13 :
Total Pages : 324 pages
Book Rating : 4.3/5 (97 download)

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Book Synopsis Law and Society in Traditional China by : Tongzu Qu

Download or read book Law and Society in Traditional China written by Tongzu Qu and published by . This book was released on 1965 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law Without Lawyers, Justice Without Courts

Author : Bee Chen Goh
Publisher : Routledge
ISBN 13 : 1351922661
Total Pages : 218 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Law Without Lawyers, Justice Without Courts by : Bee Chen Goh

Download or read book Law Without Lawyers, Justice Without Courts written by Bee Chen Goh and published by Routledge. This book was released on 2016-12-05 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chinese have, since ancient times, professed a non-litigious outlook. Similarly, their preference for mediation has fascinated the West for centuries. Mediation has been popularized by the Chinese who subscribe to the Confucian notions of harmony and compromise. It has been perpetuated in the People's Republic of China and by the overseas Chinese communities elsewhere, such as in Malaysia and Taiwan. Seen as the chief contributing factor in their litigation-averse nature, as well as the reason behind the significant role given to traditional mediation, this compelling book traces the cultural tradition of the Chinese. It uses rural Chinese Malaysians as illustrative examples and offers new insights into the nature of mediation East and West. It is an important reference and essential resource for anyone keen to learn about traditional Chinese concepts of law, justice and dispute settlement. Equally, it makes a unique contribution to the existing ADR literature by undertaking a socio-legal study on traditional Chinese mediation.

Chinese Contract Law

Author : Larry A. DiMatteo
Publisher : Cambridge University Press
ISBN 13 : 1107176328
Total Pages : 545 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Chinese Contract Law by : Larry A. DiMatteo

Download or read book Chinese Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.

Traditional Chinese Penal Law

Author : Geoffrey MacCormack
Publisher :
ISBN 13 :
Total Pages : 332 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Traditional Chinese Penal Law by : Geoffrey MacCormack

Download or read book Traditional Chinese Penal Law written by Geoffrey MacCormack and published by . This book was released on 1990 with total page 332 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, and Ch'ing dynasties. It does not touch on the administrative law of these dynasties nor, except in passing, on the customary law relating to matters such as contract or property. ... Hence, the book deals not with traditional Chinese law as such but only with that component represented by the penal codes"--Preface, page [vi].

Chinese Law: Context and Transformation

Author : Jianfu Chen
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9047423437
Total Pages : 792 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Chinese Law: Context and Transformation by : Jianfu Chen

Download or read book Chinese Law: Context and Transformation written by Jianfu Chen and published by Martinus Nijhoff Publishers. This book was released on 2015-12-22 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for changes. It attempts to sketch the main trends in legal modernisation in China.

Essays on China's Legal Tradition

Author : Jerome Alan Cohen
Publisher : Princeton University Press
ISBN 13 : 1400885833
Total Pages : 448 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Essays on China's Legal Tradition by : Jerome Alan Cohen

Download or read book Essays on China's Legal Tradition written by Jerome Alan Cohen and published by Princeton University Press. This book was released on 2017-03-14 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume of essays a group of scholars from Europe, Japan, the Republic of China, and the United States examines China's legal tradition to determine its importance for the study of both pre-modern China and of contemporary affairs. Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Chinese Law

Author : Jianfu Chen
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041111869
Total Pages : 440 pages
Book Rating : 4.1/5 (118 download)

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Book Synopsis Chinese Law by : Jianfu Chen

Download or read book Chinese Law written by Jianfu Chen and published by Martinus Nijhoff Publishers. This book was released on 1999-07-14 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law, in particular its actual functioning in any given society, is above all a part of the culture of that society - a part of its historical, political, social and intellectual creation. If a black-letter' approach towards law in the West is under increasing criticism, it is particularly unhelpful, if not misleading, in understanding Chinese law, its nature and developments. Rather, to understand Chinese law, its nature and developments, we need to examine the Chinese legal traditions, the prevailing political and economic situations, Party policies on economic reform and tolerance towards political liberalisation, and scholarly discussions and debate. This is the approach of this book. Its aim is to put Chinese law in context', to outline the nature and present status of its development, and to analyse the meaning of the law within the Chinese context. However, this monograph does not ignore the practical needs for determining the precise contents of the black- letter' law either. A study of this kind necessarily involves a process of topic selection. However, to avoid over-generalisation and over-simplification, it also demands a considerable degree of comprehensiveness in coverage. For this reason, the book covers what the Chinese scholars term fundamental law' and basic branches' of law, while other topics are covered because they are either crucial for the understanding of the law (such as legal traditions in China) or of practical importance (such as foreign investment and trade). Chapter One provides an historical background to traditional Chinese legal culture' and modern law reforms. The historical background of specific topics is examined as the topics are analysed inthe following chapters. Chapter Two deals with the changing fate of law under Communist rule. Its focus is on the underlying factors and justifications for such changes. Chapter Three introduces discussions on specific branches of law, from public law (constitutional law, law-making, administrative law, criminal law, criminal procedure law) to private' law (civil law, family law, contracts, law on business entities, and law on foreign investment and trade). Each of these is dealt with in a separate chapter. After the analysis of these substantial topics, certain conclusions are drawn, which attempt to define the nature of Chinese law and its developments in present-day China.