Chinese Law And Legal Theory
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Chinese Law And Legal Theory
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Author : Perry Keller
language : en
Publisher: Routledge
Release Date : 2001
Chinese Law And Legal Theory written by Perry Keller and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Derecho categories.
A selection of articles concerning Chinese Law and Legal Theory which reflects the diversity of contemporary approaches to the study of law in Chinese Society and the high standards of scholarship in this area.
Hong Kong China And 1997
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Author : Raymond Wacks
language : en
Publisher:
Release Date : 1993
Hong Kong China And 1997 written by Raymond Wacks and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Civil rights categories.
The 12 essays in this volume, written from different theoretical standpoints, deploy the tools of legal theory to explore the development of Hong Kong's legal and social systems when Chinese sovereignty resumes in the territory.
The History And Theory Of Legal Practice In China
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Author : Philip C.C. Huang
language : en
Publisher: BRILL
Release Date : 2014-09-03
The History And Theory Of Legal Practice In China written by Philip C.C. Huang and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-03 with History categories.
The History and Theory of Legal Practice in China: Toward a Historical-Social Jurisprudence goes beyond the either/or dichotomy of Chinese vs. Western law, tradition vs. modernity, and the substantive-practical vs. the formal. It does so by proceeding not from abstract legal texts but from the realities of legal practice. Whatever the declared intent of a law, it must in actual application adapt to social realities. It is the two dimensions of representation and practice, and law and society, that together make up the entirety of a legal system. The assembled articles by the editors and a new generation of Chinese scholars illustrate a new “historical-social jurisprudence,” and explore the possible conceptual underpinnings of a modern Chinese legal system that would both accommodate and integrate the unavoidable paradoxes of contemporary China.
A Chinese Theory Of International Law
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Author : Zhipeng He
language : en
Publisher: Springer Nature
Release Date : 2020-03-14
A Chinese Theory Of International Law written by Zhipeng He and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-14 with Law categories.
This book analyzes China’s attitude to international law based on historical experiences and documents, and provides an explanation of China’s approaches to international legal issues. It also establishes several elements for a possible framework of Chinese theory on international law. The book offers researchers, university students and practitioners valuable insights into how China views international law and why it does so in the way it does.
The Tradition And Modern Transition Of Chinese Law
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Author : Jinfan Zhang
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-02-20
The Tradition And Modern Transition Of Chinese Law written by Jinfan Zhang and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-20 with Law categories.
The book was first published in 1997, and was awarded the first prize of scientific research by the Ministry of Justice during the ninth Five-Year Plan of China. In 2005, it was adopted the text book for the postgraduates of law majors. In 2009, it was awarded the second prize of the best books on law in China. The book discusses from different aspects the long legal tradition in China, and it not only helps us to have a further understanding of Chinese legal system but also combines theories and practice and illustrate the modern legal transition which probes the history of Chinese legal system. As is known to us all, China is a country with a long legal history, which can be traced back to more than three thousand year ago. So the legal tradition of China has been passed down from generation to generation without any interruptions. This feature is peculiar to Chinese legal history which is beyond all comparison with that of other countries such as ancient Egypt, ancient India, ancient Babylon and ancient Persia. Through the study of Chinese legal history we can have a deeper understanding of the histories, features, origins and the transition of Chinese legal tradition. The Chinese legal tradition originated from China, and it is the embodiment of the wisdom and creativity of Chinese civilization. The great many books, researching materials, legal constitutions, archives, files and records of different dynasties in China have provided us with rare, complete and systematic materials to research. The book has a complete, systematic and detailed research on Chinese legal tradition and its transition and it gives people a correct recognition of the process of the perfection of laws during its development and its position as well as its value in the social progress in order to grasp its regular patterns. It also has showed us the most valuable part and core of Chinese legal Tradition and it is a summary of Chinese legal tradition and its transition from different perspectives, different angles and different levels. From the book, we can see that the ancient Chinese Legal Culture had once shocked the world and exerted great influence on the civilization of the world legal system, especially the legal systems in Asian countries. The book also has discussed the reestablishment of law in the late Qing Dynasty and the beginning of the Chinese law’s transition to modernity. In a word, the book has not only combined the legal system and the legal culture together, but also integrated the important historical figures and events ingeniously and it is a valuable and readable book with authenticity.
Chinese Legal Theory And Human Rights
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Author : Elena Consiglio
language : en
Publisher:
Release Date : 2019-06-19
Chinese Legal Theory And Human Rights written by Elena Consiglio and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-19 with Law categories.
Does the Chinese academic discourse on human rights differ from the official one as put forward by the Chinese government? How do Chinese legal theories justify the attribution of human rights and their protection through the law in the context of an authoritarian state? Do Chinese academic theorisations on rights and the law have any capacity to influence the wider public debate in China despite the ideological constraints and censorship imposed on academics by the party in power? In order to answer these questions, this book explores the theories of law and rights by contemporary Chinese legal scholars, paying particular attention to their views on the rule of law and the explanation of rights. It investigates the ways in which legal scholars have made use of arguments from the rediscovered Chinese traditional jurisprudence, the liberal tradition, and the Marxist-Leninist-Maoist canon.
Right Power And Faquanism
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Author : Zhiwei Tong
language : en
Publisher: BRILL
Release Date : 2018-08-13
Right Power And Faquanism written by Zhiwei Tong and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-13 with Law categories.
In Right, Power, and Faquanism, Tong Zhiwei proposes that right and power are ultimately a unified entity named faquan, and that the purpose of law should be to establish a balanced faquan structure and to promote its preservation and proliferation.
Comparative Law In A Global Context
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Author : Werner F. Menski
language : en
Publisher: Cambridge University Press
Release Date : 2006-03-30
Comparative Law In A Global Context written by Werner F. Menski 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 2006-03-30 with Law categories.
Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.
Chinese Contract Law First Edition
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Author : Mo Zhang
language : en
Publisher: BRILL
Release Date : 2006-02-01
Chinese Contract Law First Edition written by Mo Zhang and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-02-01 with Law categories.
This book offers a comprehensive analysis in the theories and framework of Chinese contract law as well as its implication in Chinese judicial practices through the recent cases in Chinese people’s courts. It aims to provide answers to the above questions in a systematic way, theoretically and practically; it therefore analyzes the issues surrounding the process of contract-making and performance under the Chinese contract law and doctrines underlying the law. The focus is upon issue-oriented discussions from which different solutions may be drawn based on the nature of particular fact patterns. In addition, for research purposes, an analytical comparison is employed with regard to the laws that govern contracts to help illustrate how Chinese law is distinctive. In short, the book presents a well-analyzed inside view of Chinese contract law in theory and practice, which will be of interest to both academic researchers and practitioners in the area of contracts.
The History Of Chinese Legal Civilization
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Author : Jinfan Zhang
language : en
Publisher: Springer
Release Date : 2020-07-25
The History Of Chinese Legal Civilization written by Jinfan Zhang and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-25 with Law categories.
This book, based on the theory of Marxism-Leninism, aims to study the essence, content and features of various legal systems in China in different historical periods, as well as the rules of the development of Chinese legal systems. It effectively combines classic analysis and historical analysis to probe historical facts and elaborate the historical role of the legal system, revealing both the general and the specific rules of the development of China s legal system on the basis of the existing relevant research. The subject matter is of abundant theoretical and practical significance, as it enriches Marxist legal studies, deepens readers’ understanding of China s legal civilization and offers guiding principles for the creation of socialist legal systems with Chinese characteristics. It discusses the trends in thinking on the reconstruction of the legal system; changing laws; western legal culture; the legal system in the period of westernization, constitution and reform; preparation for constitutionalism; modification of the law during the late Qing Dynasty; criminal, civil and commercial legislation; and judicial reforms in the modern era as well as the various ups and downs and cases of malconduct after the founding of the People’s Republic of China