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.
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.
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.
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.
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.
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 --
Download or read book International Law in Antiquity written by David J. Bederman and published by Cambridge University Press. This book was released on 2001-03-05 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of the origins of international law combines techniques of intellectual history and historiography to investigate the earliest developments of the law of nations. The book examines the sources, processes and doctrines of international legal obligation in antiquity to re-evaluate the critical attributes of international law. David J. Bederman focuses on three essential areas in which law influenced ancient state relations - diplomacy, treaty-making and warfare - in a detailed analysis of international relations in the Near East (2800–700 BCE), the Greek city-states (500–338 BCE) and Rome (358–168 BCE). Containing topical literature and archaeological evidence, this 2001 study does not merely catalogue instances of recognition by ancient states of these seminal features of international law: it accounts for recurrent patterns of thinking and practice. This comprehensive analysis of international law and state relations in ancient times provides a fascinating study for lawyers and academics, ancient historians and classicists alike.
Download or read book The Spirit of the Chinese People written by Hongming Gu and published by Cn Times Books Incorporated. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this essay collection first published nearly a century ago, Gu Hongming compares Chinese and European civilizations while enumerating the virtues of China's traditional Confucian philosophy. Gu famously proposed applying Confucian solutions to the many problems faced by Europe in the early twentieth century. Originally published in English and quickly translated into German, French, and Japanese, The Spirit of the Chinese People was a sensation in the West, presenting the culture and people of China and making Gu Hongming a national hero.
Download or read book China s Legalists written by Zhengyuan Fu and published by M.E. Sharpe. This book was released on 1996 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study focuses on the Legalists, an ancient school of Chinese philosophy, which perfected the science of government and art of statecraft. It gives an insight into the style of the Legalists' discourse and its impact on Chinese institutions and practices.
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.
Download or read book The Battle for China s Spirit written by Sarah Cook and published by Rowman & Littlefield. This book was released on 2017-05-16 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Battle for China’s Spirit is the first comprehensive analysis of its kind, focusing on seven major religious groups in China that together account for over 350 million believers: Chinese Buddhism, Taoism, Catholicism, Protestantism, Islam, Tibetan Buddhism, and Falun Gong. The study examines the evolution of the Communist Party’s policies of religious control, how they are applied differently to diverse faith communities, and how citizens are responding to these policies. The study—which draws on hundreds of official documents and interviews with religious leaders, lay believers, and scholars—finds that Chinese government controls over religion have intensified since November 2012, seeping into new areas of daily life. Yet millions of religious believers defy official restrictions or engage in some form of direct protest, at times scoring significant victories. The report explores how these dynamics affect China’s overall social, political, and economic environment, while offering recommendations to both the Chinese government and international actors for how to increase the space for peaceful religious practice in a country where spirituality has been deeply embedded in its culture for millennia.
Download or read book Religions of Tibet in Practice written by Donald S. Lopez, Jr. and published by Princeton University Press. This book was released on 2018-06-05 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1997, Religions of Tibet in Practice is a landmark work--the first major anthology on the topic ever produced. This new edition--abridged to further facilitate course use--presents a stunning array of works that together offer an unparalleled view of the Tibetan religious landscape over the centuries. Organized thematically, the twenty-eight chapters are testimony to the vast scope of religious practice in the Tibetan world, past and present. Religions of Tibet in Practice remains a work of great value to scholars, students, and general readers.
Download or read book The Spirit of the Chinese People written by Hung-ming Ku and published by Createspace Independent Publishing Platform. This book was released on 2016-08-10 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: KU HUNG-MING (1857--1928), the author of the Book "The Sprit of the Chinese People", one of his representative works written in English by him. He is called "a linguistic wonder" and legendary figure in Chinese modern history. He mastered English, French, German and Russian languages and once wrote poems in Latin. He is an overseas Chinese and received education in the UK from childhood. People till now are amazed at his eccentric acts and behaviors and admire him more for his perfect English language ability. The Book was first published in 1915 in Peking. The Book interprets the spirit and shows the values of Chinese civilization.
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: Eight years of changes in China have passed since the publication of the previous highly successful edition of this book. These changes have not just been about economic development. Among the many transformations there has been another quiet, peaceful, and largely successful (but far from perfect) ‘revolution’ in the area of law, whose deficiencies have been more often mercilessly examined and documented than have its historical achievements and significance. This legal ‘revolution’ is the subject matter of the present book. Like the previous edition, it 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, offering an outline of the main features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It offers comprehensive coverage of topics such as: ‘legal culture’ and modern law reform, constitutional law, legal institutions, law-making, administrative law, criminal law, criminal procedure law, civil law, property, family law, contracts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, and implementation of law. Fully revised, updated and considerably expanded, this editon of Chinese Law: Context and Transformation is a valuable and important resource for reasearchers, policy-makers and teachers alike.
Download or read book The L Code written by Ngọc Huy Nguyễn and published by . This book was released on 1987 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface by Oliver Oldman, Director of East Asian Legal Studies at Harvard Law School The Lê Code: Law in Traditional Vietnam is the first English translation of the penal code produced by Vietnam's Lê Dynasty (1428-1788). The code itself was the culmination of a long process of political, social and legal development that extended into the period of the succeeding Nguyen Dynasty and, in many respects, into the twentieth century. As is the case with cultures of other countries in East Asia, Vietnam has been widely influenced by China. However, even though Vietnam was dominated by China from the second century B.C. through the tenth century A.D., the spirit and culture of the Vietnamese people never disappeared. Like the traditional codes of Korea and Japan, the Lê Code incorporated many provisions from the Chinese T'ang Code, but the Vietnamese code contains original features which reflect the distinct socio-cultural and political realities of Vietnamese society. Thus, The Lê Code is a valuable instrument for gauging the extent of Chinese influence in Vietnam and the limits of that influence as well. In order to emphasize the Vietnamese innovations, many of which were extremely modern even by Western standards, and to point out the similarities between the Lê Code and its Chinese models, the authors have compared the Vietnamese code with several of its Chinese predecessors. They have enriched the text with substantial legal and historical annotations not only on the Lê period, but also on the dynasties immediately preceding and following it. The product is at the same time a work of history and a comparative study of the traditional Chinese and Vietnamese law. Only after their exile in 1975 have the authors, lawyers in Vietnam and experts in Sino-Vietnamese law, been able to devote the time and energy necessary to translate this work. They have used legal analysis, historical, political and social inquiry in order to compile a study of East Asian law that is more extensive in legal and historical details than any other Western language translation of an East Asian law code.
Download or read book Survey of Traditional Chinese Medicine written by Jean Schatz and published by . This book was released on 1986 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: A philosophical overview of Traditional Chinese Medicine. A look at its roots in the Chinese language, and the way of Chinese thought which created the Chinese healing arts. This text emphasizes the critical importance of examining ancient Chinese texts which are the basis for Traditional Acupuncture.
Download or read book Cultural Expertise written by Livia Holden and published by MDPI. This book was released on 2020 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural expertise in the form of expert opinions formulated by social scientists appointed as experts in the legal process is not different from any other kind of expertise in court. In specialised fields of law, such as native land titles in America and in Australia, the appointment of social scientists as experts in court is a consolidated practice. This Special Issue focuses on the contemporary evolution and variation of cultural expertise as an emergent concept providing a conceptual umbrella for a variety of evolving practices, which all include use of the specialised knowledge of social sciences for the resolution of conflicts. It surveys the application of cultural expertise in the legal process with an unprecedented span of fields ranging from criminology and ethnopsychiatry to the recognition of the rights of autochthone minorities including linguistic expertise, and modern reformulation of cultural rights. In this Special Issue, the emphasis is on the development and change of culture-related expert witnessing over recent times, culture-related adjudication, and resolution of disputes, criminal litigation, and other kinds of court and out-of-court procedures. This Special Issue offers descriptions of judicial practices involving experts in local laws and customs and surveys of the most frequent fields of expert witnessing that are related with culture; interrogates who the experts are, their links with local communities, and also with the courts and the state power and politics; how cultural expert witnessing has been received by judges; how cultural expertise has developed across the sister disciplines of history and psychiatry; and eventually, it asks whether academic truth and legal truth are commensurable across time and space.
