Notes and Commentaries on Chinese Criminal Law, and Cognate Topics: With Special Relation to Ruling Cases. Together with a Brief Excursus on the Law of Property, Chiefly Founded on the Writings of the Late Sir Chaloner Alabaster ...

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Luzac & Company, 1899 - Criminal law - 677 pages
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Page 1 - This preventive justice consists in obliging those persons whom there is a probable ground to suspect of future misbehaviour, to stipulate with and to give full assurance to the public, that such offence as is apprehended shall not happen; by finding pledges or securities for keeping the peace, or for their good behaviour.
Page 1 - And really it is an honour, and almost a singular one, to our English laws, that they furnish a title of this sort ; since preventive justice...
Page 55 - This punishment, known to foreigners as 'lingering death' is not inflicted so much as a torture, but to destroy the future as well as the present life of the offender - - he is unworthy to exist longer either as a man or a recognizable spirit, and, as spirits to appear must assume their previous corporeal forms, he can only appear as a collection of little bits. It is not a lingering death, for it is all over in a few seconds, and the coup de...
Page lx - ... interest in the code is partially disclosed by the fact that there was sufficient demand for Staunton's work to result in French and Italian translations in 1812. Furthermore, Ernest Alabaster, who published Sir Chaloner Alabaster's studies on Chinese criminal law, ventured the opinion in 1899 that the " Code when its procedure is understood is infinitely more exact and satisfactory than our system and very far from being the barbarous, cruel abomination it is generally held to be.
Page 4 - The object of law is to avoid the necessity for private vengeance, and the law once satisfied, it would never do to allow the individual to take further action.
Page 579 - But these were made, partly, at least, by laymen, and are, partly at least, economic. As already stated, Mr. Alabaster, in his work, includes a translation of adjudicated cases on Chinese property law. One of these must suffice: In this case, Tsao Hsiao is uterine brother of Tsao Chi-hsien. Chi-hsien appears to be childless, and in easy circumstances; Hsiao to have two children, and to be utterly devoid of property — covetous, therefore, of the valuables his brother may leave behind him. Chi-hsien...
Page 183 - ... 3. the wife's having no parents living to receive her back again ; in these cases, none of the seven aforementioned causes will justify a divorce, and the husband who puts away his wife upon such grounds, shall suffer punishment two degrees less than that last stated, and be obliged to receive her...
Page 187 - ... 157.) 2 But it must be done on the spot. Otherwise he is liable to a mitigated penalty. (Alabaster, 187, 188.) * But he must exercise judgment in correcting her. "If he knocks her brains out when told by his mother-in-law to give her a whipping, he will be responsible for the murder.
Page liv - But the to the supremacy of the lau*. effect of this liberal admixture of local government upon the general system has been misconceived: it is commonly supposed to have all the force of an Imperium in imperio. The family or clan is, however, much in the position of an English corporation : with powers, within certain limits, to frame...
Page liv - But the effect of this liberal admixture of local government has been misconceived : it is commonly supposed to have all the force of an imperium in imperio. The family or clan is, however, much in the position of an English corporation: with powers, within certain limits, to frame by-laws : subject to have its local regulations construed by the ordinary tribunals: and liable to the ordinary law for exceeding its powers. As the innermost of two concentric circles is of necessity bounded on all sides...

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