Author : Zhaoyang Zhang
Publisher : BRILL
Page : 303 pages
File Size : 34,63 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 : 12,19 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 : 26,50 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 : Henry Sumner Maine
Publisher :
Page : 432 pages
File Size : 47,92 MB
Release : 1861
Category : Comparative law
ISBN :
Author : Zhiping Liang
Publisher : Springer Nature
Page : 347 pages
File Size : 41,97 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 : 32,11 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 : 38,5 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 : George Mousourakis
Publisher : Springer
Page : 339 pages
File Size : 31,11 MB
Release : 2014-12-02
Category : Law
ISBN : 3319122681
This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the ‘common law’ of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition.
Author : Jian Qu
Publisher : Springer Nature
Page : 299 pages
File Size : 28,73 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.
Author : Geoffrey MacCormack
Publisher : University of Georgia Press
Page : 292 pages
File Size : 38,41 MB
Release : 1996
Category : Law
ISBN : 9780820317229
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.
