By Xin Ren
Ordinarily, social theorists within the West have based types of country social keep watch over based on the guiding principle that socialization is entire through exterior controls on habit: bad activities are punished and fascinating activities end result both in fabric present or an easy respite from the oppressive attentions of an authoritarian nation. during this quantity, the writer provides the culture of legislation in China as an exception to the Western version of social regulate. The Confucian forms that has lengthy established chinese language social lifestyles melded virtually seamlessly with the Maoist innovative time table to supply a tradition within which collectivism and an internalized adherence to social legislations are, in a few respects, congenital gains of chinese language social recognition. via her research of the Maoist notion of innovative justice and the culture of conformist acculturation in China, the writer constructs a desirable counterpoint to conventional Western arguments approximately social keep an eye on.
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Extra resources for Tradition of the Law and Law of the Tradition: Law, State, and Social Control in China (Contributions in Criminology and Penology)
17 Confucian scholars also incorporated the "three-duty" principle into the bureaucratic authority, simplifying it as the ministers' loyalty to their emperor, a son's filial piety to his father, and a wife's faithfulness to her husband. The three authority figures—the emperor, the father, and the husband—had legitimate authority to impose punishment upon their subordinates. Furthermore, law was regarded as a suppressive instrument that was controlled by the emperor, the ministers, and the gentry class.
See Jan, 1983, for a comparison of deterrence as a social control agent in the United States and China. 22. Migdal's theory (1988) is concerned primarily with society-state relations and state capabilities in social control in the Middle East. " 23. See Lyerly and Skipper, 1981. 24. Rahav's study (1976) tested the validity of the traditional concept of delinquent behavior and family dysfunction in Israel. He discovered that the two seemed to be unrelated in that society. 25. "Concepts of Law in the Chinese Anti-Crime Campaign," 1985, p.
Concepts of Law in the Chinese Anti-Crime Campaign," 1985, p. 1892. As this article pointed out, the predetermined relevance of judicial independence in the West normally does not require justification when we discuss the judge's role in the legal disposition of a case. Other American jurists have also suggested that the task of conceptual categorization is especially important because scholars today are overwhelmed by the mass of data from China that is the primary source for studying Chinese law.
Tradition of the Law and Law of the Tradition: Law, State, and Social Control in China (Contributions in Criminology and Penology) by Xin Ren