TY - CHAP
T1 - The system of "turning oneself in" in qing and contemporary China
T2 - Some reflections on legal modernism
AU - Jiang, Zhengyang
N1 - Publisher Copyright:
© 2014 by Koninklijke Brill nv, Leiden, The Netherlands. All rights reserved.
PY - 2014/6/20
Y1 - 2014/6/20
N2 - An examination of Qing and modern Chinese codified regulations on the system of "turning oneself in" reveals the system's continuity and indigenous characteristics. Judicial case records, however, shows how the system evolved toward legal modernism, namely, formal rationality, instrumental rationality, and individualism. Through a detailed discussion of these points, this article reflects on legal modernism and reexamines traditional elements that can strengthen the development of law.
AB - An examination of Qing and modern Chinese codified regulations on the system of "turning oneself in" reveals the system's continuity and indigenous characteristics. Judicial case records, however, shows how the system evolved toward legal modernism, namely, formal rationality, instrumental rationality, and individualism. Through a detailed discussion of these points, this article reflects on legal modernism and reexamines traditional elements that can strengthen the development of law.
KW - Judgments
KW - Legal modernism
KW - Tradition
KW - Turning oneself in
UR - http://www.scopus.com/inward/record.url?scp=84928077850&partnerID=8YFLogxK
U2 - 10.1163/9789004276444_011
DO - 10.1163/9789004276444_011
M3 - Chapter
AN - SCOPUS:84928077850
SN - 9789004276437
SP - 271
EP - 305
BT - The History and Theory of Legal Practice in China
PB - Brill
ER -