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Author: Geoffrey MacCormack
Publisher: University of Georgia Press
ISBN: 9780820317229
Category : Law
Languages : en
Pages : 292
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Book Description
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: Geoffrey MacCormack
Publisher: University of Georgia Press
ISBN: 9780820317229
Category : Law
Languages : en
Pages : 292
Get Book Here
Book Description
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: David J. Bederman
Publisher: University of Georgia Press
ISBN: 0820326399
Category : Law
Languages : en
Pages : 294
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Book Description
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.
Author: John Owen Haley
Publisher: University of Georgia Press
ISBN: 0820328871
Category : Law
Languages : en
Pages : 277
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Book Description
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.
Author: Bernard G. Weiss
Publisher: University of Georgia Press
ISBN: 0820328278
Category : Law
Languages : en
Pages : 233
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Book Description
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.
Author: Geoffrey MacCormack
Publisher: Law in East Asia Series
ISBN: 9780854900930
Category : Contracts
Languages : en
Pages : 319
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Book Description
"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: David J. Bederman
Publisher: Cambridge University Press
ISBN: 1139430270
Category : Law
Languages : en
Pages : 345
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Book Description
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.
Author: R. H. Helmholz
Publisher: University of Georgia Press
ISBN: 0820334634
Category : Law
Languages : en
Pages : 532
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Book Description
---Ecclesiastical Law Review --
Author:
Publisher: BRILL
ISBN: 9004299335
Category : Philosophy
Languages : en
Pages : 356
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Book Description
Ideology of Power and Power of Ideology in Early China explores ancient Chinese political thought during the centuries surrounding the formation of the empire in 221 BCE. The individual chapters examine the ideology and practices of legitimation, views of rulership, conceptualizations of ruler-minister relations, economic thought, and the bureaucratic administration of commoners. The contributors analyze the formation of power relations from various angles, ranging from artistic expression to religious ideas, political rhetoric, and administrative action. They demonstrate the interrelatedness of historiography and political ideology and show how the same text served both to strengthen the ruler’s authority and moderate his excesses. Together, the chapters highlight the immense complexity of ancient Chinese political thought, and the deep tensions running within it. Contributors include Scott Cook, Joachim Gentz, Paul R. Goldin, Romain Graziani, Martin Kern, Liu Zehua, Luo Xinhui, Yuri Pines, Roel Sterckx, and Charles Sanft.
Author: Anthony J. Barbieri-Low
Publisher: BRILL
ISBN: 9004300538
Category : History
Languages : en
Pages : 1544
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Book Description
Law, State, and Society in Early Imperial China has been accorded Honorable Mention status in the 2017 Patrick D. Hanan Prize (China and Inner Asia Council (CIAC) of the Association for Asian Studies) for Translation competition. In Law, State, and Society in Early Imperial China, Anthony J. Barbieri-Low and Robin D.S. Yates offer the first detailed study and translation into English of two recently excavated, early Chinese legal texts. The Statutes and Ordinances of the Second Year consists of a selection from the long-lost laws of the early Han dynasty (206 BCE-220 CE). It includes items from twenty-seven statute collections and one ordinance. The Book of Submitted Doubtful Cases contains twenty-two legal case records, some of which have undergone literary embellishment. Taken together, the two texts contain a wealth of information about slavery, social class, ranking, the status of women and children, property, inheritance, currency, finance, labor mobilization, resource extraction, agriculture, market regulation, and administrative geography.
Author: Hongming Gu
Publisher: Cn Times Books Incorporated
ISBN: 9781627740111
Category : China
Languages : en
Pages : 0
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Book Description
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.
