Traditional Chinese Penal Law

Author : Geoffrey MacCormack
Publisher :
ISBN 13 :
Total Pages : 332 pages
Book Rating : 4.32/5 ( download)

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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].

Author : Geoffrey MacCormack
Publisher : University of Georgia Press
ISBN 13 : 9780820317229
Total Pages : 292 pages
Book Rating : 4.25/5 ( download)

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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 : Jennifer M. Neighbors
Publisher : BRILL
ISBN 13 : 900433016X
Total Pages : 281 pages
Book Rating : 4.60/5 ( download)

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Download or read book A Question of Intent written by Jennifer M. Neighbors and published by BRILL. This book was released on 2018-04-17 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A Question of Intent, Jennifer M. Neighbors unpacks the complicated late imperial homicide continuum and its Republican-era counterpart, revealing a Chinese justice system, both before and after 1911, that defies assignment to binary categories of modern and pre-modern law.

Author : Jerome Alan Cohen
Publisher : Princeton University Press
ISBN 13 : 1400885833
Total Pages : 448 pages
Book Rating : 4.31/5 ( download)

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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.

Author : Yongping Liu
Publisher :
ISBN 13 :
Total Pages : 384 pages
Book Rating : 4.19/5 ( download)

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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

Author : Klaus Mu_hlhahn
Publisher : Harvard University Press
ISBN 13 : 9780674054332
Total Pages : 378 pages
Book Rating : 4.34/5 ( download)

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Download or read book Criminal Justice in China written by Klaus Mu_hlhahn and published by Harvard University Press. This book was released on 2009-04-30 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a groundbreaking work, Klaus Muhlhahn offers a comprehensive examination of the criminal justice system in modern China, an institution deeply rooted in politics, society, and culture. In late imperial China, flogging, tattooing, torture, and servitude were routine punishments. Sentences, including executions, were generally carried out in public. After 1905, in a drive to build a strong state and curtail pressure from the West, Chinese officials initiated major legal reforms. Physical punishments were replaced by fines and imprisonment. Capital punishment, though removed from the public sphere, remained in force for the worst crimes. Trials no longer relied on confessions obtained through torture but were instead held in open court and based on evidence. Prison reform became the centerpiece of an ambitious social-improvement program. After 1949, the Chinese communists developed their own definitions of criminality and new forms of punishment. People's tribunals were convened before large crowds, which often participated in the proceedings. At the center of the socialist system was reform through labor, and thousands of camps administered prison sentences. Eventually, the communist leadership used the camps to detain anyone who offended against the new society, and the crime of counterrevolution was born. Muhlhahn reveals the broad contours of criminal justice from late imperial China to the Deng reform era and details the underlying values, successes and failures, and ultimate human costs of the system. Based on unprecedented research in Chinese archives and incorporating prisoner testimonies, witness reports, and interviews, this book is essential reading for understanding modern China.

Author : Xiaoqun Xu
Publisher : Oxford University Press
ISBN 13 : 0190060050
Total Pages : 352 pages
Book Rating : 4.53/5 ( download)

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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.

Author :
Publisher : Cheng & Tsui
ISBN 13 : 9780887271113
Total Pages : 260 pages
Book Rating : 4.11/5 ( download)

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Download or read book 美國刑法和刑事訴訟法英漢辭匯 written by and published by Cheng & Tsui. This book was released on 1989 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pocket dictionary with terms for basic general American law and criminal law, especially useful for non-Chinese speakers working in the American legal system or in law enforcement.

Author : Xin Ren
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313370109
Total Pages : 198 pages
Book Rating : 4.06/5 ( download)

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Download or read book Tradition of the Law and Law of the Tradition written by Xin Ren and published by Bloomsbury Publishing USA. This book was released on 1997-03-25 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, social theorists in the West have structured models of state social control according to the tenet that socialization is accomplished by means of external controls on behavior: undesirable actions are punished and desirable actions result either in material reward or a simple respite from the oppressive attentions of an authoritarian state. In this volume, the author presents the tradition of law in China as an exception to the Western model of social control. The Confucian bureaucracy that has long structured Chinese social life melded almost seamlessly with the Maoist revolutionary agenda to produce a culture in which collectivism and an internalized adherence to social law are, in some respects, congenital features of Chinese social consciousness. Through her investigation of the Maoist concept of revolutionary justice and the tradition of conformist acculturation in China, the author constructs a fascinating counterpoint to traditional Western arguments about social control.

Author : Jinfan Zhang
Publisher : Springer
ISBN 13 : 9783662521144
Total Pages : 0 pages
Book Rating : 4.48/5 ( download)

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Download or read book The Tradition and Modern Transition of Chinese Law written by Jinfan Zhang and published by Springer. This book was released on 2016-09-03 with total page 0 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.