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 ...Luzac & Company, 1899 - 677 pages |
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Common terms and phrases
accessories accidental accomplice Act of Grace aggravated assault blows and three blows and transportation Board brother cangue capital penalty capital punishment capital sentence charge child Chinese Law circumstances commit suicide consideration considered conviction Court dealt decapitation subject deceased degree distinction eighty blows entails escape excused false accusation fatal father guilty H. A. H. L. Supp H. A. H. L. vol held responsible homicide hundred blows husband Imperial incur inflicted injury instance intent junior justifiable larceny latter lethal weapon magistrate marriage marry master merely military servitude mitigation mother murder née official ordinary P. A. S. P. vol parents parties penal servitude person principal prisoner rape regards relationship robbery senior relation sentenced to decapitation sentenced to strangulation sentenced to transportation slave slayer statute strangulation subject subject to revision suicide theft thereby thief transportation for three treated victim Wang wherein wife woman wound XLIV XLIX
Popular passages
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 grace is generally given the third cut; but it is very...
Page lxii - ... 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 181 - ... 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 185 - ... 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 lvi - But the to the supremacy of the law. 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 lvi - 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...
Page viii - Criminal Law' has in China a more comprehensive import than is the case with us. The Code for instance has a distinct division marked off as 'Criminal Law', confuting of the discussion of such offences as homicide, larceny, etc. This division is of itself sufficiently comprehensive and bulky : but the Criminal Law is not only to be found herein, but is also stored away in all corners of the Code, in the Supplementary Laws, and in authoritative treatises. Indeed to style the aforesaid division in...