Legal And Moral Systems In Asian Customary Law

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Family Law and Customary Law in Asia

Author : David C. Buxbaum,Assoc. of Southeast Asian Institutions of Higher Learning
Publisher : Springer
Page : 325 pages
File Size : 49,7 Mb
Release : 2013-11-11
Category : Law
ISBN : 9789401762168

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Family Law and Customary Law in Asia by David C. Buxbaum,Assoc. of Southeast Asian Institutions of Higher Learning Pdf

Asian Legal Systems

Author : Poh-Ling Tan
Publisher : Butterworth-Heinemann
Page : 446 pages
File Size : 47,5 Mb
Release : 1997
Category : Civil law
ISBN : STANFORD:36105060361297

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Asian Legal Systems by Poh-Ling Tan Pdf

Legal Traditions in Asia

Author : Janos Jany
Publisher : Springer Nature
Page : 492 pages
File Size : 55,7 Mb
Release : 2020-04-08
Category : Law
ISBN : 9783030437282

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Legal Traditions in Asia by Janos Jany Pdf

This book offers a comparative analysis of traditional Asian legal systems. It combines methods from legal history, legal anthropology, legal philosophy, and substantive law, pursuing a comprehensive approach that offers readers a broad perspective on the topic. The geographic regions covered include the Near East, Middle East, Central Asia, India, China, Japan, and Southeast Asia. For each region, the book first provides historical and political context. Next, it discusses major milestones in the region’s legal history and political institutions, as well as its forms of government. Readers are then presented with fundamental principles and terms needed to understand the legal arguments discussed. The book begins with the Ancient Near East and important topics such as Jewish law. The next part considers Islamic law, while also exploring modern issues. The third part focuses on Hindu and Buddhist law, while the fourth part covers China and Japan. The book’s closing section examines tribal societies, e.g. Mongols, Pashtuns and Malays. Topics covered include the interaction of legal systems within a legal circle, inter-systemic interactions, reasons for the failure and success of legal modernization, legal pluralism, and its effects on Asian societies. Family law, law of obligation, criminal law, and procedural law are also explored.

The Spirit of Traditional Chinese Law

Author : Geoffrey MacCormack
Publisher : University of Georgia Press
Page : 292 pages
File Size : 49,9 Mb
Release : 1996
Category : Law
ISBN : 0820317225

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The Spirit of Traditional Chinese Law by Geoffrey MacCormack Pdf

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.

Asian Indigenous Law

Author : Masaji Chiba
Publisher : Routledge
Page : 403 pages
File Size : 43,5 Mb
Release : 2013-10-28
Category : Social Science
ISBN : 9781136142109

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Asian Indigenous Law by Masaji Chiba Pdf

First published in 1986. Western law is normally regarded as universal when considered from the fact that it has been received and utilized by non-Western countries as the basis of their own state legal systems. The reception of Western law by non-Western countries in modern times is the most influential encounter of non-Western law with foreign law. The major portion of this book is a collection of descriptions of typical non-Western countries from this viewpoint by native scholars.

“Moral Order” and The Criminal Law

Author : O. Lee,T.A. Robertson
Publisher : Springer Science & Business Media
Page : 283 pages
File Size : 52,5 Mb
Release : 2012-12-06
Category : Law
ISBN : 9789401024389

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“Moral Order” and The Criminal Law by O. Lee,T.A. Robertson Pdf

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.

Legal Traditions of the World

Author : H. Patrick Glenn
Publisher : Oxford University Press, USA
Page : 423 pages
File Size : 41,8 Mb
Release : 2007
Category : Law
ISBN : 9780199205417

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Legal Traditions of the World by H. Patrick Glenn Pdf

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

Folk Law

Author : Alison Dundes Renteln,Alan Dundes
Publisher : Routledge
Page : 303 pages
File Size : 53,9 Mb
Release : 2019-05-23
Category : Law
ISBN : 9780429656309

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Folk Law by Alison Dundes Renteln,Alan Dundes Pdf

Originally published in 1994, Folk Law, a comprehensive two-volme collection of essays, examines the meeting place of folklore - the unwritten law of obligations and prohibitions that are understood and passed on - and jurisprudence. The contributors explore the historical significance and implications of folk law, its continuing influence around the globe, and the conflicts that arise when folk law diverges from official law. Valuable for students and scholars of law, folklore, or anthropology, Renteln and Dundes's extensive casebook marks a rare interdisciplinary approach to two important areas of research.

Law, Society and Transition in Myanmar

Author : Melissa Crouch,Tim Lindsey
Publisher : Bloomsbury Publishing
Page : 376 pages
File Size : 49,7 Mb
Release : 2014-10-23
Category : Law
ISBN : 9781782254768

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Law, Society and Transition in Myanmar by Melissa Crouch,Tim Lindsey Pdf

This edited volume addresses the dynamics of the legal system of Myanmar/Burma in the context of the dramatic but incomplete transition to democracy that formally began in 2011. It includes contributions from leading scholars in the field on a range of key legal issues now facing Myanmar, such as judicial independence, constitutional law, human rights and institutional reform. It features chapters on the legal history of Myanmar; electoral reform; the role of the judiciary; economic reforms; and the state of company law. It also includes chapters that draw on the experiences of other countries to contextualise Myanmar's transition to democracy in a comparative setting, including Myanmar's participation in regional bodies such as ASEAN. This topical book comes at a critical juncture in Myanmar's legal development and will be an invaluable resource for students and teachers seeking greater understanding of the legal system of Myanmar. It will also be vital reading for a wide range of government, business and civil society organisations seeking to re-engage with Myanmar, as it navigates a difficult transition toward democracy and the rule of law.

Family Law and Customary Law in Asia

Author : David Charles Buxbaum,Conference on family law and customary law in Asia (1964. Singapour)
Publisher : Unknown
Page : 288 pages
File Size : 43,8 Mb
Release : 1968
Category : Electronic
ISBN : OCLC:460327570

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Family Law and Customary Law in Asia by David Charles Buxbaum,Conference on family law and customary law in Asia (1964. Singapour) Pdf

Introduction to Foreign Legal Systems

Author : American Association of Law Libraries
Publisher : New York : Oceana Publications
Page : 464 pages
File Size : 50,6 Mb
Release : 1994
Category : Civil law systems
ISBN : UOM:35128001684644

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Introduction to Foreign Legal Systems by American Association of Law Libraries Pdf

Introduction to legal systems. Chapters include: The common law from a civil lawyer's perspective, by Philippo Bruno; Comparative law: academic perspectives and practical legal realities, by Daniel L. Wade; Introduction to civil law systems, by George A. Zaphiriou; The French legal system, by Claire M. Germain; The Mexican legal system, by Rubens Medina; Introduction to Asian law systems, by James V. Feinerman; The Japanese legal system, by Sung Yoon Cho; The Chinese legal system, by Constance A. Johnson; The Republic of China (Taiwan) legal sytem, by Wendy I. Zeldin; Customary law and western legal influences in modern-day Africa (case studies from Ghana and Nigeria), by Victor Essien; Building a medium-to-large foreign law collection, by Daniel L. Wade; Acquiring foreign legal materials : focus on Europe, by Margareta Horiba; Acquiring material from difficult jurisdictions : Eastern Europe and the Former Soviet Union, by Nicholas Thormer; Foreign law in translation : problems and sources, by Amber Lee Smith; Beyond books and libraries : providing foreign, comparative and international legal information in the 1990s and beyond, by M. Kathleen Price; International Legal Information Network (ILIN), by Rubens Medina; Library of Congress Class K for law, by Jolande E. Goldberg; LC classification in the USMARC format, by Rebecca S. Guenther; The Library of Congress legal bibliographic database on CD-ROM, by Elizabeth A. Leahy; Sources of assistance.

Asian Legal Systems

Author : P. L. Tan
Publisher : Butterworths
Page : 600 pages
File Size : 54,5 Mb
Release : 1997-10
Category : Jurisprudence
ISBN : 0406049661

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Asian Legal Systems by P. L. Tan Pdf

This book provides an overview of the legal systems of East Asia in their social context. It links the study of the law to history, society, culture and politics. Beyond the study of individual legal systems, the volume brings to the reader an understanding of the pluralism of the systems within each community of the East Asian states and between the states. It explores the concepts of legal culture and pluralism and reflects on the complexity and variety of legal systems in that region and the difficulty of approaching them with a simple unifying conception of legal culture. Most of the contributors are well known academics in their own fields who provide an 'inside' view of the legal systems in their countries.

The Common Law System in Chinese Context

Author : Berry Fong-Chung Hau
Publisher : Routledge
Page : 222 pages
File Size : 43,9 Mb
Release : 2019-07-25
Category : Social Science
ISBN : 9781315488233

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The Common Law System in Chinese Context by Berry Fong-Chung Hau Pdf

Under the 1984 Sino-British Joint Declaration on the future of Hong Kong the previous capitalist system and life-style shall remain unchanged for 50 years. This concept has been embedded in the Basic Law of Hong Kong. The future of the Common Law judicial system in Hong Kong depends on the perceptions of it by Hong Kong's Chinese population; judicial developments prior to July 1, 1997, when Hong Kong passes from British to Chinese control; and the Basic Law itself. All of these critical issues are addressed in this book. It applies survey and statistical analysis to the study of the attitudes toward, and the values inherent to, the Common Law judicial system in the unique cultural and economic milieu of Hong Kong in transition.

A Companion to Folklore

Author : Regina F. Bendix,Galit Hasan-Rokem
Publisher : John Wiley & Sons
Page : 690 pages
File Size : 53,9 Mb
Release : 2014-08-25
Category : Social Science
ISBN : 9781118863145

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A Companion to Folklore by Regina F. Bendix,Galit Hasan-Rokem Pdf

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