Delivering Justice in Qing China

Author(s):  
Linxia Liang

Traditional Chinese law, including Qing law, was often criticized as being inapplicable in civil trials, and it was often believed that the magistrate's court preferred mediation rather than decision-making. This volume challenges these views. With a detailed analysis of the Qing law codes and of 100 nineteenth-century case records from Baodi county, the volume examines much-debated issues such as the approach of Qing law to civil and criminal matters, punishment and mediation in civil trials, Confucius' preference for education and the idea of anti-litigation. This book brings a lawyer's perspective to some of the most debated issues in Chinese legal history.

2021 ◽  
Author(s):  
Rui Liu

Abstract This article conducts a textual and reception analysis of George Jamieson’s translation of Qing marriage law with the aim of probing a translational encounter between traditional Chinese law and British anthropology. Approaching a Qing clause against marriage between persons of the same family name as an object of anthropological study, Jamieson annotated his rendition with rich paratexts to orient it under the concept of exogamy. After reflecting upon predecessors’ theories, he advanced his own by restructuring existing anthropological constructs. Taking his translation as a knowledge source, Jamieson further highlighted the existence of an endogamous limit upon the exogamy rule; this observation was absorbed by Henry Maine to strengthen his argument that exogamy and endogamy were not oppositional in agnatic societies. As revealed in Jamieson’s interaction with British anthropologists, he proved himself more than a translator of Qing marriage law but also a contributor to nineteenth-century British anthropology.


1976 ◽  
Vol 2 (3) ◽  
pp. 231-245 ◽  
Author(s):  
M. E. Chamberlain

“There's Dilke that has done it all”, remarked Wilfrid Scawen Blunt to Lord Blandford as they watched Dilke walk down Piccadilly one day in July 1882.1 The “it” was the British intervention in Egypt which entangled Britain in Egyptian affairs for two generations. More soberly, Louis Mallet, the Permanent Under-Secretary at the India Office, wrote to Evelyn Baring a year later that the Liberal government of William Gladstone had made themselves “the unconscious, and some of them (not all) the unwilling instruments of a policy from which Lord Beaconsfield and Lord Salisbury would have shrunk, and which is big with future disaster”. “Dilke and Chamberlain” he wrote, “I consider mainly responsible for the Egyptian war.” In The Trouble Makers, A. J. P. Taylor came to the conclusion, “The occupation of Egypt in 1882 marked Gladstone's decisive breach with Radicalism. Indeed it ruined Radicalism for more than a generation. It began modern British Imperialism…”. How ironic if the ruin of British radicalism was brought about by the two leading radicals of Gladstone's predominantly Whig administration. What do the Dilke and Chamberlain papers among others reveal about the exact role of the two men in the crisis ?


Author(s):  
Leonid Borodavko ◽  
Andrey Ermakov ◽  
Valentina Belyankina

The article discusses some aspects to be taken into account when preparing polygraph examiners in order to form skills for conducting polygraph tests using search tests related to the method of revealing hidden information. Search tests have their own characteristics and differ from other tests, both in the degree of complexity and the composition of the methodological techniques used, and in the degree of accuracy and reliability of the results obtained. The use of search tests assumes that the polygraph examiner has not only knowledge, but also practical skills to perform a certain sequence of actions for their use, as well as the interpretation of the results obtained. Special attention is paid to the consideration of a number of difficulties that arise when using search tests, directly related to the interpretation of the information received and the development of techniques for the formation of skills for solving them. The authors put the main emphasis on the fact that in the process of training polygraph examiners, self-conducting polygraph tests when solving problems modeled on the basis of situations from practical activities, as well as a detailed consideration of the causes of psychophysiological reactions, will contribute to improving the level of professional competence in decision-making in nonstandard situations. In addition, conducting a detailed analysis of the results obtained, taking into account the interpretation of the recorded reactions when using search tests, will help to reduce the likelihood of making errors of various types in the real conditions of the future polygraph examiner’s professional activity.


2016 ◽  
Vol 15 (3) ◽  
pp. 1169
Author(s):  
Wenyka Preston Leite Batista da Costa ◽  
Jandeson Dantas da Silva ◽  
Rodrigo José Guerra Leone ◽  
Maria Naiula Monteiro Pessoa ◽  
Sergio Luiz Pedrosa Silva

<p>Os métodos de custeio são responsáveis por definir a forma pela qual os custos são apropriados aos seus portadores finais e possuem forte relevância na obtenção das informações gerenciais necessárias para os aspectos decisórios, na mensuração de estoques e na evidenciação dos resultados. Dessa forma, o período de adoção de um método de custeio é uma fase à qual uma entidade deve realizar análise detalhada dos objetivos pertinentes, buscando atender às necessidades dos diversos setores de forma eficiente e eficaz. Nesse sentido, o objetivo com esta pesquisa foi identificar os fatores que influenciam a adoção de um método de custeio nas empresas do setor industrial. A pesquisa possui natureza descritiva e quantitativa; a coleta de dados ocorreu por meio de um questionário eletrônico aplicado a 175 profissionais de contabilidade atuantes no setor industrial. Os resultados mostram que os fatores influenciadores da adoção de um método de custeio, em ordem de influência; são competitividade, gerenciamento, controle, legalidade, planejamento, apropriação, supervisão, comparabilidade, confiabilidade e precisão.</p><p>Palavras-chave: Método de custeio. Contabilidade de custos. Adoção de um método.</p><p> </p><p align="center"><strong><em>Factors influencing the adoption of a cost method in professional perspective in accounting with operations in the industrial sector</em></strong></p><p align="center"><em>Abstract</em></p><p>  <strong></strong></p><p><em>The costing methods are responsible for defining the way in which the costs are appropriate to their final carriers and have strong relevance in obtaining the management information necessary for decision-making aspects, in the measurement of inventories and in the disclosure of results. In this way, the period of adoption of a costing method is a stage at which an entity should perform detailed analysis of the relevant objectives, seeking to meet the needs of the many sectors efficiently and effectively. Accordingly, the objective with this research was to identify the factors influencing the adoption of a costing method in industrial companies. The research has descriptive and quantitative nature, the data was collected through an electronic questionnaire applied to 175 accounting professionals working in the industrial sector. The results show that the factors influencing the adoption of a costing method, in order of influence, are competitiveness, management, governance, legality, planning, ownership, supervision, comparability, reliability and accuracy.</em></p><p><em>Keywords: Costing method. Costing accounting. </em><em>Adoption of a method.</em></p>


1999 ◽  
Vol 29 (2) ◽  
pp. 283
Author(s):  
Michèle Powles

This article traces the development of the New Zealand jury system. Most noteworthy in thisdevelopment has been the lack of controversy the system has created. At the end of the nineteenth century, however, the pursuit of equality in the legal system generally led to debate and reform of juries in relation to representation, race and gender.


Author(s):  
JOAN MULLEN

While crowding has been a persistent feature of the American prison since its invention in the nineteenth century, the last decade of crisis has brought more outspoken media investigations of prison conditions, higher levels of political and managerial turmoil, and a judiciary increasingly willing to bring the conditions of confinement under the scope of Eighth Amendment review. With the added incentive of severe budget constraints, liberals and conservatives alike now question whether this is any way to do business. Although crowding cannot be defined by quantitative measures alone, many institutions have far exceeded their limits of density according to minimum standards promulgated by the corrections profession. Some fall far below any reasonable standard of human decency. The results are costly, dangerous, and offensive to the public interest. Breaking the cycle of recurrent crisis requires considered efforts to address the decentralized, discretionary nature of sentence decision making and to link sentencing policies to the resources available to the corrections function. The demand to match policy with resources is simply a call for more rational policymaking. To ask for less is to allow the future of corrections to resemble its troubled past.


2020 ◽  
pp. 41-62
Author(s):  
Rohan McWilliam

Chapter 3 explores the world of elite leisure in both its high and low forms to uncover how the aristocracy continued to shape the West End in the first half of the nineteenth century. This chapter is devoted to nightlife and is intended to show that one purpose of pleasure districts was to construct the idea of the night-time economy. The chapter explores the world of gentlemens’ clubs and other locations of masculine pleasure before moving into an examination of opera, ballet, and gambling; both sources of aristocratic networks. The second half of the chapter then looks at the world of low life in the Covent Garden and Maiden Lane areas; territory of the ‘flash’ and the bohemians. Affluent gentlemen explored what they saw as the ‘underworld’. Here was a world of disreputable bars and spaces for popular song. There is a detailed analysis of venues such as the Cider Cellars which shaped the development of popular music and culture with its bawdy ballads.


2020 ◽  
pp. 303-308
Author(s):  
Xiaoqun Xu

The conclusion points out the multidimensional interactions of many factors in the functions of Chinese law and justice in the past and present and delineates four overlapping historical contexts for an understanding of such functions. These are the indigenous traditions in the long history of China; Western influences from the nineteenth century and especially on the transformations in the twentieth century; interactions between lawmakers and state agents, and between state actions and societal responses; and the reality of justice being done in relative and imperfect ways under the best circumstances, due to human fallibility.


Author(s):  
Daniel Klerman

Quantitative legal history is in a rather sorry state. Only about a quarter of recent works of legal history use even simple quantitative methods (such as tables or graphs), and articles or books with more sophisticated methods, such as regression analysis, are extremely rare. The infrequent use of quantitative techniques is also a missed opportunity. Scholars from other fields, including economics, sociology, and political science, are using statistics to analyse legal history. Such analysis is particularly helpful in understanding the effect of legal change and in analysing the influence of multiple factors on legislation, judicial decision-making, and citizen behaviour. This chapter first assesses quantitatively the use of quantitative methods in legal history. It then discusses a few examples of the successful use of numbers and statistics in recent books addressing legal historical topics. Finally, it looks to the future of quantitative legal history.


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