Author : Zhaoyang Zhang
Publisher : BRILL
Page : 303 pages
File Size : 23,74 MB
Release : 2022-07-11
Category : Law
ISBN : 9004513906
Through the careful examination of cases, statutes and terminology preserved in both excavated and transmitted materials, this book argues that a civil law with distinctive Chinese characteristics emerged during the Qin and Han dynasties (221 B.C.-A.D. 220).
Author : Caroline Humfress
Publisher : Cambridge University Press
Page : 884 pages
File Size : 30,91 MB
Release : 2024-05-30
Category : History
ISBN : 1009566148
The Cambridge Comparative History of Ancient Law is the first of its kind in the field of comparative ancient legal history. Written collaboratively by a dedicated team of international experts, each chapter offers a new framing and understanding of key legal concepts, practices and historical contexts across five major legal traditions of the ancient world. Stretching chronologically across more than three and a half millennia, from the earliest, very fragmentary, proto-cuneiform tablets (3200–3000 BCE) to the Tang Code of 652 CE, the volume challenges earlier comparative histories of ancient law / societies, at the same time as opening up new areas for future scholarship across a wealth of surviving ancient Near Eastern, Indian, Chinese, Greek and Roman primary source evidence. Topics covered include 'law as text', legal science, inter-polity relations, law and the state, law and religion, legal procedure, personal status and the family, crime, property and contract.
Author : Larry A. DiMatteo
Publisher : Cambridge University Press
Page : 545 pages
File Size : 11,58 MB
Release : 2017-10-26
Category : Law
ISBN : 1107176328
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Author : Jinfan Zhang
Publisher : Springer
Page : 0 pages
File Size : 17,59 MB
Release : 2016-09-03
Category : Law
ISBN : 9783662521144
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.
Author : Henry Sumner Maine
Publisher :
Page : 432 pages
File Size : 16,1 MB
Release : 1861
Category : Comparative law
ISBN :
Author : Zhiping Liang
Publisher : Springer Nature
Page : 347 pages
File Size : 27,98 MB
Release : 2023-03-10
Category : Law
ISBN : 9811945101
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.
Author : Theodore Frank Thomas Plucknett
Publisher : The Lawbook Exchange, Ltd.
Page : 828 pages
File Size : 45,98 MB
Release : 2001
Category : Common law
ISBN : 1584771372
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Author : Dorothy Perkins
Publisher : Routledge
Page : 673 pages
File Size : 48,26 MB
Release : 2013-11-19
Category : History
ISBN : 1135935629
Presents a representative cross-section of entries on all aspects of the history and culture of China. Alphabetically organized, the entries include* major cities and provinces* historical eras and figures* government and politics* economics* religion* language and the writing system* food and customs* sports and martial arts* crafts and architecture* important Chinese figures outside of mainland China* important Westerners in China.
Author : Julio César Rivera
Publisher : Springer Science & Business Media
Page : 477 pages
File Size : 19,41 MB
Release : 2014-02-04
Category : Law
ISBN : 9400779429
This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law. It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes – and private law legislation in general – with Constitutions and International Conventions. The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for commercial and contractual law. It also explains the varying trajectories of civil law, which in some jurisdictions was merged with religious legal tenets in its codification of familial relations, while in others it was fused with commercial law or, indeed, codified from scratch as a discrete legal corpus. Elsewhere, the volume provides material on differing approaches to consumer law, where relevant legislation may be scattered across numerous statutes, and also on private international law, a topic of increasing relevance in a world where business corporations have interests in multiple jurisdictions (and often play one off against another). The volume features invited contributions from leading scholars in the field of private law brought together for an in depth analysis of the current regulatory attitude in this field of the law in jurisdictions with diverse legal systems and traditions. In current times we are witnessing the adoption of diverging regulatory solutions. Through the analysis of the past and present of private law regulation, the volume unveils the underlying trends and relevance of the codification method across the world.
Author : Jian Qu
Publisher : Springer Nature
Page : 299 pages
File Size : 19,28 MB
Release : 2021-02-04
Category : Law
ISBN : 9813349476
This book is the first Western-language monograph on the study of the Qingshui River manuscripts. By examining over 3,000 contracts and other manuscripts, this book offers constructive insights into the long-standing question of how and why a society in late imperial China could maintain a well-functioning social system with few laws but many contracts, i.e., Hobbesian “words without sword.” Three interrelated questions, what contracts were, how and why they worked, are explained successively. Thus, this book presents a non-stereotypical “contract society” in southwest China, arguing that the social order which provides predictability and regularity for economic prosperity could be formed and maintained through contracts even under the condition of relatively weak influence of governmental and legal authorities. This book benefits readers who are interested in law, society, and history. While presenting the socio-legal landscape of a frontier area in late imperial China for historians, this book provides a novel and empirical interpretation of the supposedly well-known contract device for legal researchers, thereby proposing materials for an integrated theoretical explanatory framework of contracts in general. By employing the innovative theory of blockchain in its key argumentation, the book offers a creative interpretation of historical and social phenomena.
