By Chang-fa Lo, Nigel N.T. Li, Tsai-yu Lin
This booklet specializes in the interplay and mutual affects among the East and the West when it comes to their criminal structures and practices. during this regard, it highlights Professor Herbert H.P. Ma’s achievements and his efforts to deliver jap and Western criminal suggestions and platforms nearer together.
The ebook indicates that, whereas there were convergences among various felony regimes in lots of fields of legislations, diversified felony practices and methods rooted in differing cultural, social, political and philosophical backgrounds do stay, and that those changes aren't unavoidably detrimental parts within the modern felony order. by way of interpreting various degrees of the felony order, together with family, local and multilateral, it is going directly to argue that determining those diversities and addressing the interactions and mutual impacts among varied regimes is a worthy venture, not just by way of mutual enrichment, but in addition with reference to intensifying the measure of fascinating coordination among diversified felony systems.
All chapters have been written by means of top specialists, practitioners and students from assorted jurisdictions with services in a variety of fields of legislations and diverse degrees of the criminal order, and talk about a couple of matters with specific specialise in both “one-way” or mutual affects among the japanese and the Western criminal platforms, practices and philosophies.
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Extra info for Legal Thoughts between the East and the West in the Multilevel Legal Order: A Liber Amicorum in Honour of Professor Herbert Han-Pao Ma
Example text
Undoubtedly his most important government service was the dozen years he served as an influential member of the Council of Grand Justices – from 1982 to 1994, precisely the most dramatic and challenging period in the history of Taiwan’s development from a type of Leninist party state to a Western-style democratic political-legal system. During that exciting period, the Council of Grand Justices, which for so many years had been politically unable to fulfill its original mandate to become a genuine constitutional court, actually transformed itself into the independent, authoritative institution for interpreting the ROC Constitution that we almost take for granted today.
Yet, the prescriptive norms of “righteousness” in Confucian China were never understood as legal norms. Righteousness (正義) was never equated with law (法律). Hence, at least in the Han dynasty (206 BCE–220 CE), a person who killed those who injured his father could be executed for murder but honored with a public monument as a filial son. Law defined as simply rules set out by the state (those who rule) might proscribe immoral behavior but only to the extent that such behavior infringed the interests of those who ruled and made the law.
Louis, St. R. Orthwein Distinguished Professor of Law Emeritus, Washington University in St. Louis, St. -f. Lo et al. O. R. Orthwein West European colonial rule, most surrounded on all sides by rapacious European, Ottoman, or Russian rulers. These few included Ethiopia, Iran, Afghanistan, a cluster of Himalaya kingdoms, and Thailand. Among the remaining independent nations were three of the oldest and the most politically and economically advanced polities on the globe—Imperial China, Japan, and, until 1910, Korea.