Legal and Moral Systems in Asian Customary Law PDF Download

Author: Orlan Lee
Publisher:
ISBN:
Category : Buddhism
Languages : en
Pages : 524

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Author: Geoffrey MacCormack
Publisher: University of Georgia Press
ISBN: 9780820317229
Category : Law
Languages : en
Pages : 292

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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 C. Buxbaum
Publisher: Springer
ISBN: 9401762163
Category : Law
Languages : en
Pages : 325

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Author: Amanda Perreau-Saussine
Publisher: Cambridge University Press
ISBN: 1139463217
Category : Law
Languages : en
Pages : 322

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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: O. Lee
Publisher: Springer Science & Business Media
ISBN: 9401024383
Category : Law
Languages : en
Pages : 283

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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: Regina F. Bendix
Publisher: John Wiley & Sons
ISBN: 1118863143
Category : Social Science
Languages : en
Pages : 690

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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: H. Patrick Glenn
Publisher: Oxford University Press, USA
ISBN: 0199205418
Category : Law
Languages : en
Pages : 423

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Previous editions published : 2nd (2004) and 1st (2000).

Author: Max WL Wong
Publisher: Springer Nature
ISBN: 9811516448
Category : Political Science
Languages : en
Pages : 226

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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: 9780854900930
Category : Contracts
Languages : en
Pages : 319

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"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: Peter Harvey
Publisher: Cambridge University Press
ISBN: 9780521556408
Category : Religion
Languages : en
Pages : 504

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A systematic introduction to Buddhist ethics aimed at anyone interested in Buddhism.