Order And Discipline In China
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Order And Discipline In China
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Author : Thomas B. Stephens
language : en
Publisher: University of Washington Press
Release Date : 2016-06-01
Order And Discipline In China written by Thomas B. Stephens and has been published by University of Washington Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-01 with History categories.
China’s traditional system of dispute resolution and maintenance of order in society has been treated by Western scholars as legal history, but because the Chinese system is radically different from European systems in its conceptual structure and therefore does not fit into the familiar categories and models of Western law and jurisprudence, such treatment has been inadequate and often misleading. In Order and Discipline in China, Thomas B. Stephens provides a new approach, methodology, and theoretical framework for the interpretation of traditional Chinese “law.” Stephens argues convincingly that Chinese society has always operated according to the disciplinary system of order, ni which hierarchy is established by actual power, and he provides a thorough methodology and framework for understanding disciplinary theory. He discusses the system, showing it not the random (or even unjust) tyranny it may sometimes appear to the Western, legally oriented mind but an effective system that successfully guided China for centuries. The study is not merely historical, but provides insights into Chinese ways of thinking about social relationships, dispute resolution, and the enforcement of civil obligations that are vital to intercultural understanding today. His study is based on the activities of the Mixed Court of the International Settlement at Shanghai, which dealth with legal problems concerning Chinese people within the representative, or “assessor.” The Mixed Court conventionally has been looked upon as a disciplinary tribunal enforcing a system of dispute resolution and the maintenance of social order upon the principles of disciplinary theory. The Mixed Court is a convenient point from which to measure the legal and disciplinary systems against each other and to study them in conflict. Although Western powers tried to interpret the court in legal terms, it responds much more convincingly to analysis according to the disciplinary system: it provided its right to rule by the abililty to enforce its decisions, and it decided cases not, as claimed, by Chinese laws (which actually did not exist) but according to those principles established by the Western consuls. Order and Disipline in China will be of interest not only to legal scholars and students of Chinese history and society, but also to students of social order and international relations throughout the world. It also offers practical assistance to Westerners dealing with Chinese business relations, social and political affairs, or dispute settlement.
Policing And Punishment In China
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Author : Michael Robert Dutton
language : en
Publisher:
Release Date : 1992
Policing And Punishment In China written by Michael Robert Dutton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with History categories.
This book traces the transition in the regimes of regulation and punishment of all social levels from late imperial to modern China, an area long neglected in Chinese studies. The book is particularly significant for its theoretical framework; it is not a simple narrative history of policing but, rather, draws on Michel Foucault's theoretical work on governmentality, punishment and control, using his genealogical method to construct a 'history of the present'. Whilst most Chinese Marxist accounts of history have assumed the sublimation of past as a precondition for present, Dr. Dutton illustrates that 'feudal remnants' play a part in the social regulation of contemporary China. Although the regime of punishment is no longer dominated by the physical, the psychology of that system remains: today, the file rather than the body is marked. China was the first nation to use statistical records as a basis by which to plot and police its people, and contemporary Chinese institutions for policing rely heavily on the maintenance of traditional notions of community mutuality. The current regime centres on work and production, rather than on the family and Confucian ethics, and is by no means a new version of traditional dynasties. Rather, its form of policing and modes of regulation have resonances of past. The transition that has occurred, therefore, has been from patriarchy to 'the people'. The first section of the book deals with mechanisms of surveillance from within the collective, particularly traditional modes of policing households, which were dependent on the centrality of family in Confucian notions of state. The following section discusses the emergence of prisons and the failure ofmodern Western penal systems in China, mainly because of their incompatibility with the notion of an individual subject. Section three analyses the household registration systems of the post-liberation period, concluding that they did not constitute reintroduction of the feudal system but were, in fact, similar to the Soviet system of labour registration. The final section discusses the other side of the ordered society; that is, reform through labour programmes and the notion of the prison as factory producing a clash of proletarians from within the Gulag.
Elite Discipline In China
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Author : Frederick C. Teiwes
language : en
Publisher: Australian National University Research School of Social Sci
Release Date : 1978
Elite Discipline In China written by Frederick C. Teiwes and has been published by Australian National University Research School of Social Sci this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Political Science categories.
China S Death Penalty
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Author : Hong Lu
language : en
Publisher: Routledge
Release Date : 2010-06-10
China S Death Penalty written by Hong Lu and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-10 with Law categories.
By all accounts, China is the world leader in the number of legal executions. Its long historical use of capital punishment and its major political and economic changes over time are social facts that make China an ideal context for a case study of the death penalty in law and practice. This book examines the death penalty within the changing socio-political context of China. The authors'treatment of China' death penalty is legal, historical, and comparative. In particular, they examine; the substantive and procedures laws surrounding capital punishment in different historical periods the purposes and functions of capital punishment in China in various dynasties changes in the method of imposition and relative prevalence of capital punishment over time the socio-demographic profile of the executed and their crimes over the last two decades and comparative practices in other countries. Their analyses of the death penalty in contemporary China focus on both its theory - how it should be done in law - and actual practice - based on available secondary reports/sources.
Crime Punishment And The Prison In Modern China
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Author : Frank Dikötter
language : en
Publisher: C. HURST & CO. PUBLISHERS
Release Date : 2002
Crime Punishment And The Prison In Modern China written by Frank Dikötter and has been published by C. HURST & CO. PUBLISHERS this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Social Science categories.
An examination of the enormous changes in Chinese society in the first half of the 20th century through the lens of the Chinese prison system. More than a simple history of prison rules or penal administration, the text offers a social and cultural analysis of the Chinese prison system that explores the profound effects and lasting repercussions of superimposing Western-derived models of repentance and rehabilitation on traditional categories of crime and punishment.
The Limits Of The Rule Of Law In China
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Author : Karen G. Turner
language : en
Publisher: University of Washington Press
Release Date : 2015-05-01
The Limits Of The Rule Of Law In China written by Karen G. Turner and has been published by University of Washington Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-01 with History categories.
In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.
Britain In China
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Author : Robert Bickers
language : en
Publisher: Manchester University Press
Release Date : 1999-09-11
Britain In China written by Robert Bickers and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-09-11 with History categories.
Using archival materials newly available in China and records in Britain and the US, Robert Bickers paints a detailed portrait of the traders, missionaries, businessmen, diplomats and settlers who constituted "Britain-in-China." Bickers argues that the British presence in China was dominated by urban settlers whose primary allegiance lay not with any grand imperial design but with their own communities and precarious livelihoods. This brought them into growing conflict with the Chinese population and the British imperial government. Bickers goes on to examine how the British state and its allies brought an end to the reign of freelance, settler imperialism on the China coast. At the same time, other British sectors, missionary and business, renegotiated their own relationship with their Chinese markets and the Chinese state and distanced themselves from the settler British.
Crime Punishment And Policing In China
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Author : Børge Bakken
language : en
Publisher: Rowman & Littlefield
Release Date : 2005
Crime Punishment And Policing In China written by Børge Bakken and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with History categories.
Crime long has been a silent partner in China's march to modernization, leading the regime to make law and order as central a priority as economic growth and the promise of prosperity. This groundbreaking study offers the first comprehensive and up-to-date analysis of Chinese crime, policing, and punishment. A multidisciplinary group of leading scholars draw on a rich body of empirical data and rare archival research to illuminate seldom-explored theoretical dimensions of legal ideology and reform as well as the linkages between crime and control to broader themes of law, modernization, and development. The authors balance comparative perspectives with an understanding of China's unique historical and cultural experience. This context is critical, the authors argue, as crime and control are at the root of modernity and how it is defined. In many ways the PRC is reliving the experiences of other industrializing countries, yet at the same time the practices of China's police and prison system also are painted with thick layers of historical memory. Order has become increasingly important in legitimizing the Chinese regime, but its practices and ideas of policing are often missing from our picture of Chinese social and political development. This important book's discussion of the paradoxes of policing and the problems of order bridges that gap and demystifies developments in China. All those interested in modern and contemporary Chinese politics, law, and society, as well as in comparative criminology and law, will find this work an invaluable resource. Contributions by: B rge Bakken, Frank Dik tter, Michael Dutton, James D. Seymour, Murray Scot Tanner, and Xu Zhangrun.
Order And Discipline In China
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Author : Thomas B. Stephens
language : en
Publisher:
Release Date : 1992
Order And Discipline In China written by Thomas B. Stephens and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with History categories.
Timber And Forestry In Qing China
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Author : Meng Zhang
language : en
Publisher: University of Washington Press
Release Date : 2021-06-30
Timber And Forestry In Qing China written by Meng Zhang and has been published by University of Washington Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-30 with History categories.
In the Qing period (1644–1912), China's population tripled, and the flurry of new development generated unprecedented demand for timber. Standard environmental histories have often depicted this as an era of reckless deforestation, akin to the resource misuse that devastated European forests at the same time. This comprehensive new study shows that the reality was more complex: as old-growth forests were cut down, new economic arrangements emerged to develop renewable timber resources. Historian Meng Zhang traces the trade routes that connected population centers of the Lower Yangzi Delta to timber supplies on China's southwestern frontier. She documents innovative property rights systems and economic incentives that convinced landowners to invest years in growing trees. Delving into rare archives to reconstruct business histories, she considers both the formal legal mechanisms and the informal interactions that helped balance economic profit with environmental management. Of driving concern were questions of sustainability: How to maintain a reliable source of timber across decades and centuries? And how to sustain a business network across a thousand miles? This carefully constructed study makes a major contribution to Chinese economic and environmental history and to world-historical discourses on resource management, early modern commercialization, and sustainable development.