China S Legal Soul
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China S Legal Soul
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Author : John Warren Head
language : en
Publisher:
Release Date : 2009
China S Legal Soul written by John Warren Head and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
This new look at Chinese law and society reflects the "triple anniversary" that 2009 will mark for Chinese law reform. In 1979, the People's Republic of China embarked on a dramatic new phase of legal transformation; thirty years before that, in 1949, Mao announced the creation of the PRC itself, another moment of legal reorientation; and thirty years before that, in 1919, the May Fourth Movement also had legal reform at its core, as thousands of protesters in Beijing erupted at the refusal Western powers to acknowledge that China's legal system was no longer inadequate and uncivilized. This claim--that China's legal system is inadequate and uncivilized in--remains in play today, particularly in respect of how China approaches the rule of law and human rights. Professor Head's new book (following his earlier work, Law Codes in Dynastic China) examines these issues by focusing on modern China's "legal soul"--by which he means the set of fundamental and animating legal principles or values that give a society its unique spirit and character. His lively and insightful comparison of contemporary Chinese law with dynastic Chinese law--readily accessible by (and written for) non-specialists--addresses these central questions: (1) what sort of a "rule of law" does today's Chinese legal system hope to achieve against its ages-old Legalist-Confucianist background; and (2) is there any modern correlative to the Imperial Confucianism that gave dynastic China its "legal soul," or is today's China "soul-less," as some would claim? In addressing these questions, Head insists on looking beyond easy assumptions and assertions found in much Western legal literature about China and its law; instead, he relies heavily on leading contemporary legal scholars at Chinese universities and their views on politics, constitutionalism, and rule of law in China. "Readers will be impressed by the wide variety of sources cited in China's Legal Soul's footnotes and by the book's detailed tables. ...[I]t is appropriate for nonlawyers with an interest in legal philosophy or Chinese history and is recommended for university and law school libraries." -- Law Library Journal
China S Long March Toward Rule Of Law
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Author : Randall Peerenboom
language : en
Publisher: Cambridge University Press
Release Date : 2002-09-26
China S Long March Toward Rule Of Law written by Randall Peerenboom and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-09-26 with History categories.
China has enjoyed considerable economic growth in recent years in spite of an immature, albeit rapidly developing, legal system, a system whose nature, evolution and path of development have been poorly understood by scholars. Drawing on his legal and business experience in China as well as his academic background in the field, Peerenboom provides a detailed analysis of China's legal reforms. He argues that China is in transition from rule by law to a version of rule of law, though most likely not a liberal democratic version as found in economically advanced countries in the West. Maintaining that law plays a key role in China's economic growth, Peerenboom assesses reform proposals and makes his own recommendations. In addition to students and scholars of Chinese law, political science, sociology and economics, this will interest business professionals, policy advisors, and governmental and non-governmental agencies as well as comparative legal scholars and philosophers.
China S Struggle For The Rule Of Law
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Author : Ronald C. Keith
language : en
Publisher: Springer
Release Date : 2016-07-27
China S Struggle For The Rule Of Law written by Ronald C. Keith and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-27 with Political Science categories.
The 'rule of law' is more than the mere existence and application of law within the sphere of state activity. Contemporary Chinese debate on the 'rule of law' underlines the limiting of arbitrary government, the materialisation of 'human rights', legal protection of 'rights and interests' and the principle of equality in the impartial legal mediation of conflicts within society's 'structure of interests'. Based upon China interviews and a comprehensive survey of the domestic press and Chinese-language legal journal materials, this book places pre- and post-Tiananmen Square legal reform in political context. The evolving contents of specific laws across the departments of constitutional, administrative, criminal, civil and economic law are assessed in light of the politics and intellectual dynamic of China's legal circles in their struggle to create a 'rule of law'.
Essays On China S Legal Tradition
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Author : Jerome Alan Cohen
language : en
Publisher: Princeton University Press
Release Date : 2017-03-14
Essays On China S Legal Tradition written by Jerome Alan Cohen and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-14 with Law categories.
In this volume of essays a group of scholars from Europe, Japan, the Republic of China, and the United States examines China's legal tradition to determine its importance for the study of both pre-modern China and of contemporary affairs. Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
The Changing Legal Orders In Hong Kong And Mainland China Essays On One Country Two Systems
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Author : Albert H.Y. Chen
language : en
Publisher: City University of HK Press
Release Date : 2021-03
The Changing Legal Orders In Hong Kong And Mainland China Essays On One Country Two Systems written by Albert H.Y. Chen and has been published by City University of HK Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03 with Law categories.
This collection of selected works by Professor Albert H.Y. Chen shows the contours of the author’s scholarship as it developed over 35 years of his academic career, from 1984 to the present. The essays are divided into three sections which cover the three major domains of Professor Chen’s research. Part I covers the legal developments and controversies of “One Country, Two Systems” since the Hong Kong interpretation on “the right of abode” in 1999 to the anti-extradition movement of 2019. Part II shifts to focus on tradition and modernity in Chinese Law, including China’s Confucian and Legalist traditions and how the socialist legal system in China evolved and modernized in the era of “reform and opening”. Part III examines the transplantation of Western thinking and constitutionalism to East Asia in modern times and discusses the achievements and failures of these efforts. In conjunction with an introductory chapter that sets out the basic orientation and paradigm of these legal and constitutional studies and an epilogue that reflects on the main themes, this collection exemplifies the author’s important contributions to the field and provides insight into how the legal orders in Hong Kong and mainland China have changed over the course of Professor Chen’s academic career.
China S Legal Reforms And Their Political Limits
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Author : Ingrid Hooghe
language : en
Publisher: Routledge
Release Date : 2012-12-06
China S Legal Reforms And Their Political Limits written by Ingrid Hooghe and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Social Science categories.
Presents new insights into recent changes in China's legal framework in areas crucial to the modernisation process. Topics include law reform to accommodate foreign interests and convert China to a market economy, the judicial system and its treatment of human rights issues, the introduction of non-tariff barriers for foreign companies, and the current privatisation process.
Understanding China S Legal System
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Author : C. Stephen Hsu
language : en
Publisher: NYU Press
Release Date : 2003-03
Understanding China S Legal System written by C. Stephen Hsu and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-03 with Law categories.
Annotation View the Table of Contents .nbsp;nbsp;nbsp;Read the Introduction .>
China S Legal Reform
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Author : Keyuan Zou
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2006
China S Legal Reform written by Keyuan Zou and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
China's entry into the World Trade Organization (WTO) has had a tremendous impact on the development and reform of China's legal system. This book focuses on the developments of China's legal system as well as its reform in the context of globalization. It covers various topics, including constitutional changes, law-based administration, and more.
Law And Society In China
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Author : Vai Io Lo
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-02-28
Law And Society In China written by Vai Io Lo and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-28 with Law categories.
Law and Society in China examines the interplay between law and society from imperial to present-day China. This synoptic book traces the developments of law in Chinese societies, investigates the role of law in social governance, and discusses China’s ongoing reforms towards the rule of law with Chinese characteristics. In fostering a comprehensive, rather than piecemeal and disconnected, understanding of the interaction between law and society in China, this book will reduce misconceptions about and enhance appreciation for Chinese law.
The Futility Of Law And Development
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Author : Jedidiah J. Kroncke
language : en
Publisher: Oxford University Press
Release Date : 2016-01-18
The Futility Of Law And Development written by Jedidiah J. Kroncke and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-18 with Law categories.
For all the attention paid to the Founder Fathers in contemporary American debates, it has almost been wholly forgotten how deeply they embraced an ambitious and intellectually profound valuation of foreign legal experience. Jedidiah Kroncke uses the Founders' serious engagement with, and often admiration for, Chinese law in the Revolutionary era to begin his history of how America lost this Founding commitment to legal cosmopolitanism and developed a contemporary legal culture both parochial in its resistance to engaging foreign legal experience and universalist in its messianic desire to export American law abroad. Kroncke reveals how the under-appreciated, but central role of Sino-American relations in this decline over two centuries, significantly reshaped in the early 20th century as American lawyer-missionaries helped inspire the first modern projects of American humanitarian internationalism through legal development. Often forgotten today after the rise of the Chinese Communist Party in 1949, the Sino-American relationship in the early 20th century was a key crucible for articulating this vision as Americans first imagined waves of Americanization abroad in the wake of China's 1911 Republican revolution. Drawing in historical threads from religious, legal and foreign policy work, the book demonstrates how American comparative law ultimately became a marginalized practice in this process. The marginalization belies its central place in earlier eras of American political and legal reform. In doing so, the book reveals how the cosmopolitan dynamism so prevalent at the Founding is a lost virtue that today comprises a serious challenge to American legal culture and its capacity for legal innovation in the face of an increasingly competitive and multi-polar 21st century. Once again, America's relationship with China presents a critical opportunity to recapture this lost virtue and stimulate the searching cosmopolitanism that helped forge the original foundations of American democracy.