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A Study on the Germination and Status of Due Process in Primitive Society and Ancient Greek Society

摘要


The concept of due process was formally put forward in the form of theoretical system in the modern West, but there must be a consideration of whether the procedure itself is reasonable and just since the establishment of the dispute settlement procedure in human society. Although this consideration may be primitive and non-systematic, it still has room for reference and thinking for us to explore the theory of due process. This paper analyzes the concept and practice of due process in dispute resolution in primitive society and Greek society in order to have a more intuitive and systematic understanding of the judicial situation at that time.

參考文獻


Nicholas Bunnin. Jiyuan Yu, “ The Blackwell Dictionary of Western Philosophy ”[Z]. Oxford: Blackwell Publishing, 2004.
Baird, Vanessa A., “Building institutional legitimacy: The role of procedural justice”, 54 Political Research Quarterly, 2000.
Cooper, “The Common Law and the Civil law A Scot's View”, 63 Harvard Law Review,1950.
Lon Fuller, “The Form and limits of Adjudication”, 92 Harvard Law Review,1978.
Sanja Kutnjak Ivkovic, “An Inside View: Professional Judges' and Lay Judges' Support for Mixed Tribunals”, 25 Law & Policy, 2003.

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