Geoffrey Maccormack
Biographic Data
| ID | 3662274 |
|---|---|
| NAME | Geoffrey Maccormack |
| GIVEN NAMES | Geoffrey |
| FAMILY NAME | Maccormack |
| SIGNATURE | MACCORMACK G |
| AFFILIATIONS | University of Aberdeen |
| VERIFIED | No |
| TOTAL WORKS | 18 |
| TOTAL CITATIONS | 17 |
| AUTHOR COUNT | 18 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1969 |
| LATEST PUBLICATION YEAR | 2016 |
| H-INDEX | 2 |
The interplay of fa (law) and ren (benevolence) in the construction and application of the institution of liu yang (remaining at home to support parents)
This article seeks to show that the frequent invocation by the Qing Board of Punishments of the adage that liu yang represents an exercise of imperial benevolence outside the law is not a mere formality without substantive meaning, but rather reflects the role played by the adage in the reasoning by which permission to remain at home to support an elderly or sick parent was granted or withheld. The Board may argue either that "benevolence" suppli…
Lau, Ulrich/Lüdke, Michael: Exemplarische Rechtsfälle vom Beginn der Han-Dynastie – Eine kommentierte Übersetzung des Zouyanshu aus Zhangjiashan/Provinz Hubei
One should note also the discovery in 1986 of texts relating to the law of Chu in the fourth century BCE.Some account of these laws can be found in Weld 1999.3 Some fifty years later an edict of emperor Jing clarified "doubt" by stating that it comprised not only uncertainty as to which penal
Judicial Reasoning in the Southern Song
Judicial Reasoning in the Southern Song Geoffrey MacCormack This essay is an attempt to study the reasoning of the judgments (written during the first half of the twelfth century) collected in the Qingmingji 清明集 (Enlightened Judgments), which appeared towards the end of the Southern Song (1127–1279). The edition of this work published in 1987 has an added value, since it contains in appendices decisions from Song magistrates, such as Huang Gan 黃榦…
Liability for Suicide in Qing Law on Account of Filthy Words
This essay examines the Qing legislation enacted in the course of the eighteenth century to impose punishments on men who used 'filthy language' towards a woman, so driving her to commit suicide. In addition, the decisions of the Board of Punishments, interpreting this legislation, are discussed. Essentially, three distinct offences are to be identified: (i) tiaoxi or the use of words expressing a desire to have sexual intercourse (punished capit…
Issues of causation in homicide decisions of the Qing Board of Punishments from the eighteenth and nineteenth centuries
This paper explores in decisions of the Qing Board of Punishments the importance of the identification of the "cause of death" for the allocation of liability in cases of homicide. The Board's preoccupation with the issue of causation is discussed through its use of three formulae which express in different ways the causal link between the elements in the chain of causation culminating in death:yin/you ... so zhi("cause ... as a result of which")…
The Legalist School and its Influence upon Traditional Chinese Law
The Legalists were a group of statesmen and writers in China (mainly fourth and third centuries BC) who advocated in their practice and writings the use of law as the principal instrument of government. They understood law in the Austinian sense of orders, stipulating punishments or rewards, issued by the ruler to his subjects. Emphasis was placed upon the fact that punishments should be severe and deterrent, that official should be accountable u…
The Spirit of Traditional Chinese Law
Journal Article The Spirit of Traditional Chinese Law Get access Maccormack Geoffrey, The Spirit of Traditional Chinese Law. Athens and London: The University of Georgia Press, 1996. xvi, 262 pp. William C. Jones William C. Jones Washington University, St. Louis Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 41, Issue 1, January 1997, Pages 158–159, https://doi.org/10.2307/845494…
The legal treatment of insane persons in late imperial China
(1992). The legal treatment of insane persons in late imperial China. The Journal of Legal History: Vol. 13, No. 3, pp. 251-269
The Lü Hsing: Problems of Legal Interpretation
(1986). The Lu Hsing: Problems of Legal Interpretation. Monumenta Serica: Vol. 37, No. 1, pp. 35-47
Status: Problems of Definition and Use
Sir Henry Maine's Ancient Law, first published in 1861, postulated legal development in terms of an evolution from status to contract. Since that time both lawyers and anthropologists have made frequent use of the notion of status in their characterisation of law or society. Although status is a concept well known in social theory whose exponents, independently of Maine, have worked out its content and application, much that has been written abou…
Ope Consilio Furtum Factum
Problems in the Description of African Systems of Landholding
Law” and “Legal System”
Reciprocity
Iusta and Iniusta Possessio
Revenge and Compensation in Early Law
Journal Article Revenge and Compensation in Early Law Get access Geoffrey MacCormack Geoffrey MacCormack *Geoffrey Maccormack is Professor of Law, Department of Jurisprudence,University of Aberdeen. This is an expanded version of an inaugural lecture delivered in the University of Aberdeen on 11 May 1972. Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 21, Issue 1, Winter 19…
Roman and African Litigation
Formalism, Symbolism and Magic in Early Roman Law
Reciprocity
Status: Problems of Definition and Use
Sir Henry Maine's Ancient Law, first published in 1861, postulated legal development in terms of an evolution from status to contract. Since that time both lawyers and anthropologists have made frequent use of the notion of status in their characterisation of law or society. Although status is a concept well known in social theory whose exponents, independently of Maine, have worked out its content and application, much that has been written abou…
Formalism, Symbolism and Magic in Early Roman Law
Revenge and Compensation in Early Law
Journal Article Revenge and Compensation in Early Law Get access Geoffrey MacCormack Geoffrey MacCormack *Geoffrey Maccormack is Professor of Law, Department of Jurisprudence,University of Aberdeen. This is an expanded version of an inaugural lecture delivered in the University of Aberdeen on 11 May 1972. Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 21, Issue 1, Winter 19…
Formalism, Symbolism and Magic in Early Roman Law
Roman and African Litigation
Revenge and Compensation in Early Law
Journal Article Revenge and Compensation in Early Law Get access Geoffrey MacCormack Geoffrey MacCormack *Geoffrey Maccormack is Professor of Law, Department of Jurisprudence,University of Aberdeen. This is an expanded version of an inaugural lecture delivered in the University of Aberdeen on 11 May 1972. Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 21, Issue 1, Winter 19…
Iusta and Iniusta Possessio
Reciprocity
Law” and “Legal System”
Ope Consilio Furtum Factum
Problems in the Description of African Systems of Landholding
Status: Problems of Definition and Use
Sir Henry Maine's Ancient Law, first published in 1861, postulated legal development in terms of an evolution from status to contract. Since that time both lawyers and anthropologists have made frequent use of the notion of status in their characterisation of law or society. Although status is a concept well known in social theory whose exponents, independently of Maine, have worked out its content and application, much that has been written abou…
The Lü Hsing: Problems of Legal Interpretation
(1986). The Lu Hsing: Problems of Legal Interpretation. Monumenta Serica: Vol. 37, No. 1, pp. 35-47
The legal treatment of insane persons in late imperial China
(1992). The legal treatment of insane persons in late imperial China. The Journal of Legal History: Vol. 13, No. 3, pp. 251-269
The Spirit of Traditional Chinese Law
Journal Article The Spirit of Traditional Chinese Law Get access Maccormack Geoffrey, The Spirit of Traditional Chinese Law. Athens and London: The University of Georgia Press, 1996. xvi, 262 pp. William C. Jones William C. Jones Washington University, St. Louis Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 41, Issue 1, January 1997, Pages 158–159, https://doi.org/10.2307/845494…
The Legalist School and its Influence upon Traditional Chinese Law
The Legalists were a group of statesmen and writers in China (mainly fourth and third centuries BC) who advocated in their practice and writings the use of law as the principal instrument of government. They understood law in the Austinian sense of orders, stipulating punishments or rewards, issued by the ruler to his subjects. Emphasis was placed upon the fact that punishments should be severe and deterrent, that official should be accountable u…
Liability for Suicide in Qing Law on Account of Filthy Words
This essay examines the Qing legislation enacted in the course of the eighteenth century to impose punishments on men who used 'filthy language' towards a woman, so driving her to commit suicide. In addition, the decisions of the Board of Punishments, interpreting this legislation, are discussed. Essentially, three distinct offences are to be identified: (i) tiaoxi or the use of words expressing a desire to have sexual intercourse (punished capit…
Issues of causation in homicide decisions of the Qing Board of Punishments from the eighteenth and nineteenth centuries
This paper explores in decisions of the Qing Board of Punishments the importance of the identification of the "cause of death" for the allocation of liability in cases of homicide. The Board's preoccupation with the issue of causation is discussed through its use of three formulae which express in different ways the causal link between the elements in the chain of causation culminating in death:yin/you ... so zhi("cause ... as a result of which")…
Judicial Reasoning in the Southern Song
Judicial Reasoning in the Southern Song Geoffrey MacCormack This essay is an attempt to study the reasoning of the judgments (written during the first half of the twelfth century) collected in the Qingmingji 清明集 (Enlightened Judgments), which appeared towards the end of the Southern Song (1127–1279). The edition of this work published in 1987 has an added value, since it contains in appendices decisions from Song magistrates, such as Huang Gan 黃榦…
Lau, Ulrich/Lüdke, Michael: Exemplarische Rechtsfälle vom Beginn der Han-Dynastie – Eine kommentierte Übersetzung des Zouyanshu aus Zhangjiashan/Provinz Hubei
One should note also the discovery in 1986 of texts relating to the law of Chu in the fourth century BCE.Some account of these laws can be found in Weld 1999.3 Some fifty years later an edict of emperor Jing clarified "doubt" by stating that it comprised not only uncertainty as to which penal
The interplay of fa (law) and ren (benevolence) in the construction and application of the institution of liu yang (remaining at home to support parents)
This article seeks to show that the frequent invocation by the Qing Board of Punishments of the adage that liu yang represents an exercise of imperial benevolence outside the law is not a mere formality without substantive meaning, but rather reflects the role played by the adage in the reasoning by which permission to remain at home to support an elderly or sick parent was granted or withheld. The Board may argue either that "benevolence" suppli…
Political science (12 works) · Law (9 works) · Chinese history and philosophy (7 works) · Sociology (7 works) · History (6 works) · Psychology (6 works) · Criminology (4 works) · Philosophy (4 works) · Social Psychology (4 works) · Art (3 works)