REFORM OF THE CHINESE LEGAL SYSTEM IN THE EARLY TWENTIETH CENTURY

2020 ◽  
pp. 100-112
Author(s):  
Wu Xufei ◽  
◽  
N.V. Kononkova ◽  
Author(s):  
James Gordley

‘Classical’ contract law was built on a substantive premise about contract law and two premises about legal method. The substantive premise was voluntaristic: the business of contract law is to enforce the will or choice of the parties. The first methodological premise was positivistic: the law is found, implicitly or explicitly, in the decisions of common law judges. The second methodological premise was conceptualistic: the law should be stated in general formulas which can be tested by their coherence. Finally, ‘classical’ contract law reflected an attitude about how best to steer a course — as every legal system must — between strict rules and equitable considerations. Since the early twentieth century, classical contract law has been breaking down. Allegiance to its premises has weakened as has the preference for rigor. At the same time, scholars have found classical law to be inconsistent even in its own terms. Nevertheless, much of it has remained in place faute de mieux while contemporary jurists have tried to see what is really at stake in particular legal problems. This article describes their work.


2010 ◽  
Vol 3 (1) ◽  
pp. 31-45
Author(s):  
Mohammad-Ali Forughi

AbstractMohammad Ali Khan, Zokā’ al-Molk, later Forughi, became Minister of Justice in December 1911 (until June 1912 and again from August 1914 to April 1915), following Moshir al-Dawla Pirniā and continuing the legal reform the latter had initiated in 1911. Forughi also served as Prime Minister of Iran several times, lastly in 1941-42 (1320), when he arranged the abdication of Reza Shah and the succession of his son, Mohammad-Reza Pahlavi, shortly before his death in November 1942. This lecture was given at the Faculty of Law and Political Science at the new University of Tehran is an important historical document that throws considerable light on the early stage of the modernization of Iran’s legal system. We are therefore publishing it in a translation which preserves the lecture format with only slight abridgement. Forughi’s informed account of legal modernization is prefaced by acute observations on the intrusion of modernity into the culture of Iran in the early twentieth century. (The Editor)


1998 ◽  
Vol 5 (2) ◽  
pp. 196-213 ◽  
Author(s):  
Linda Boxberger

AbstractThis essay examines a little-known economic institution known as ʿuhda sale which was highly elaborated in the ḥaḍramawt region of southern Arabia, where it was used to facilitate the availability of credit by allowing people to benefit from extending credit without breaking the Qurʾānic prohibition of Ribā. After considering the history of the practice in ḥaḍramawt and controversies associated with it, I analyze how the transactions worked and who participated in them, as reflected in nineteenth- and twentieth-century contracts. In addition, evidence culled from contemporary fatāwā shed light on some of the questions and problems which arose in the course of these transactions. The ʿuhda transaction in ḥaḍramawt illustrates the development of a utilitarian economic institution through the combined influences of local usage based on practical needs and local juristic decisions as to religious legitimacy. The transaction exemplifies the flexibility of the local legal system in response to economic need and social practice. It also illustrates the degree to which people of different genders, ages, and social backgrounds participated in financial transactions in this society.


2015 ◽  
Vol 1 (1) ◽  
pp. 1-38 ◽  
Author(s):  
Lindsey Andrews

In this article, I argue that the Zora Neale Hurston’s early twentieth-century anthropological work and the Combahee River Collective’s 1977 Black Feminist Statement can be read as part of a genealogy of Black feminist empiricism: a minor empiricism that rejects positivist empiricism, strategically mobilizing dominant scientific practices while also developing an onto-espistemology specific to Black English and what Combahee terms “black women’s style.”  Their works make tactical use of positivist empirics to critique and counter legal and medico-scientific circumscription of Black women’s lives, while simultaneously participating in this counter-practice of Black feminist empiricism.  As both Combahee’s statement and Hurston’s first ethnography, Mules and Men (1935), reveal, Black feminist empiricism is grounded not in traditional scientific virtues such as transparency and objectivity, but instead in opacity and subjectivity, which make it unavailable for use for purposes of legal subjection, while simultaneously revealing the raced and gendered implications of a legal system dependent on positivist values.


2008 ◽  
Vol 38 (4) ◽  
pp. 743
Author(s):  
P G McHugh

New Zealand scholars have yet to develop a "tradition" of writing legal history outside the historiographically problematic field of Treaty claims. This essay uses Sir John Salmond as emblematic of the methodological features that such a tradition might carry. Any self-congratulatory and Whiggish vision of a good-hearted people incapable of anything other than a fundamentally decent past – itself a fiction punctured by the Treaty claims processes – should be discarded. Instead the New Zealand constitutional and legal system should be seen as a site of ongoing struggle, reflection and constant engagement amongst a series of actors whose thought – so much as that was articulated – is to be regarded as important as their action. A non-corrupt legal system is not the outcome of a complacent so much as vigilant past. Sir John Salmond's concern with the moral agency of the State not only placed him inside the mainstream of early twentieth century political thought, its "Idealist" thread in particular. It also underpinned his intendancy of the Crown Law Office, as Dr Hickford's subsequent (and important) essay demonstrates.


2012 ◽  
Vol 114 (1) ◽  
pp. 1-27 ◽  
Author(s):  
Ethan L. Hutt

Background/Context Though the impact of the legal system in shaping public education over the last sixty years is unquestioned, scholars have largely overlooked the impact of the legal system on the early development and trajectory of public schools in America. Scholars have given particularly little attention to the period in the late nineteenth and early twentieth century, when states began passing laws requiring that children attend school for some portion of the year. These laws brought an end to the era of voluntary schooling in America while posing a difficult set of legal and educational questions for judges who had to interpret and apply them. The evolving logic of these decisions subsequently shaped the role, purpose, and form of education in America. Purpose/Objective/Research Question/Focus of Study This article offers a legal history of compulsory education in the late nineteenth and early twentieth century. In doing so, it seeks to understand the role that courts played in shaping the character and development of the modern school system by examining court cases that stemmed from the passage of compulsory schooling laws. By examining decisions from both before and after the passage of these laws, it is possible to trace shifts in judicial thinking about the role and purpose of these laws and to recognize the role that these rulings played in developing a specific vision—and particular grammar—of schooling. Research Design This article is a historical analysis that focuses exclusively on cases brought in state courts relating to the rights of parents to control the education of their child before and after the passage of compulsory schooling laws. Though the rulings examined were issued by individual state courts and state supreme courts, attention is paid to the sharing of ideas between courts from different states and the collective vision of the purpose of compulsory school laws that resulted. Conclusions/Recommendations The shift from voluntary to compulsory schooling that occurred at the turn of the century was attended by an equally dramatic shift in the educational vision articulated by judges. The courts began the period with a view of the aims of education as being synonymous with learning, only to end the period with a view of education as being synonymous with attendance at school—a change that represents a shift from educational substance to educational formalism. Thus, this article argues, the history of compulsory education is also the history of the rise of educational formalism, and the courts played an important, and as yet unrecognized, role in legitimating and facilitating a vision of schooling that privileged certainty and order over substance and complexity.


Tempo ◽  
1948 ◽  
pp. 25-28
Author(s):  
Andrzej Panufnik

It is ten years since KAROL SZYMANOWSKI died at fifty-four. He was the most prominent representative of the “radical progressive” group of early twentieth century composers, which we call “Young Poland.” In their manysided and pioneering efforts they prepared the fertile soil on which Poland's present day's music thrives.


2004 ◽  
Vol 171 (4S) ◽  
pp. 320-320
Author(s):  
Peter J. Stahl ◽  
E. Darracott Vaughan ◽  
Edward S. Belt ◽  
David A. Bloom ◽  
Ann Arbor

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