Cultural Values In Traditional Chinese Law
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Cultural Values In Traditional Chinese Law
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Author : Geoffrey Mac Cormack
language : en
Publisher:
Release Date : 1991*
Cultural Values In Traditional Chinese Law written by Geoffrey Mac Cormack and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991* with categories.
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.
Law Without Lawyers Justice Without Courts
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Author : Bee Chen Goh
language : en
Publisher: Routledge
Release Date : 2016-12-05
Law Without Lawyers Justice Without Courts written by Bee Chen Goh and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-05 with Law categories.
The Chinese have, since ancient times, professed a non-litigious outlook. Similarly, their preference for mediation has fascinated the West for centuries. Mediation has been popularized by the Chinese who subscribe to the Confucian notions of harmony and compromise. It has been perpetuated in the People's Republic of China and by the overseas Chinese communities elsewhere, such as in Malaysia and Taiwan. Seen as the chief contributing factor in their litigation-averse nature, as well as the reason behind the significant role given to traditional mediation, this compelling book traces the cultural tradition of the Chinese. It uses rural Chinese Malaysians as illustrative examples and offers new insights into the nature of mediation East and West. It is an important reference and essential resource for anyone keen to learn about traditional Chinese concepts of law, justice and dispute settlement. Equally, it makes a unique contribution to the existing ADR literature by undertaking a socio-legal study on traditional Chinese mediation.
Chinese Cultural Traditions And Modernization
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Author : Miaoyang Wang
language : en
Publisher: CRVP
Release Date : 1997
Chinese Cultural Traditions And Modernization written by Miaoyang Wang and has been published by CRVP this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with History categories.
Chinese Law
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Author : Jianfu Chen
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1999-07-14
Chinese Law written by Jianfu Chen 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 1999-07-14 with Political Science categories.
Law, in particular its actual functioning in any given society, is above all a part of the culture of that society - a part of its historical, political, social and intellectual creation. If a black-letter' approach towards law in the West is under increasing criticism, it is particularly unhelpful, if not misleading, in understanding Chinese law, its nature and developments. Rather, to understand Chinese law, its nature and developments, we need to examine the Chinese legal traditions, the prevailing political and economic situations, Party policies on economic reform and tolerance towards political liberalisation, and scholarly discussions and debate. This is the approach of this book. Its aim is to put Chinese law in context', to outline the nature and present status of its development, and to analyse the meaning of the law within the Chinese context. However, this monograph does not ignore the practical needs for determining the precise contents of the black- letter' law either. A study of this kind necessarily involves a process of topic selection. However, to avoid over-generalisation and over-simplification, it also demands a considerable degree of comprehensiveness in coverage. For this reason, the book covers what the Chinese scholars term fundamental law' and basic branches' of law, while other topics are covered because they are either crucial for the understanding of the law (such as legal traditions in China) or of practical importance (such as foreign investment and trade). Chapter One provides an historical background to traditional Chinese legal culture' and modern law reforms. The historical background of specific topics is examined as the topics are analysed inthe following chapters. Chapter Two deals with the changing fate of law under Communist rule. Its focus is on the underlying factors and justifications for such changes. Chapter Three introduces discussions on specific branches of law, from public law (constitutional law, law-making, administrative law, criminal law, criminal procedure law) to private' law (civil law, family law, contracts, law on business entities, and law on foreign investment and trade). Each of these is dealt with in a separate chapter. After the analysis of these substantial topics, certain conclusions are drawn, which attempt to define the nature of Chinese law and its developments in present-day China.
Chinese Law
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Author : Chen
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2023-09-25
Chinese Law written by Chen 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 2023-09-25 with History categories.
Law, in particular its actual functioning in any given society, is above all a part of the culture of that society - a part of its historical, political, social and intellectual creation. If a `black-letter' approach towards law in the West is under increasing criticism, it is particularly unhelpful, if not misleading, in understanding Chinese law, its nature and developments. Rather, to understand Chinese law, its nature and developments, we need to examine the Chinese legal traditions, the prevailing political and economic situations, Party policies on economic reform and tolerance towards political liberalisation, and scholarly discussions and debate. This is the approach of this book. Its aim is to put Chinese law `in context', to outline the nature and present status of its development, and to analyse the meaning of the law within the Chinese context. However, this monograph does not ignore the practical needs for determining the precise contents of the `black- letter' law either. A study of this kind necessarily involves a process of topic selection. However, to avoid over-generalisation and over-simplification, it also demands a considerable degree of comprehensiveness in coverage. For this reason, the book covers what the Chinese scholars term `fundamental law' and `basic branches' of law, while other topics are covered because they are either crucial for the understanding of the law (such as legal traditions in China) or of practical importance (such as foreign investment and trade). Chapter One provides an historical background to traditional Chinese `legal culture' and modern law reforms. The historical background of specific topics is examined as the topics are analysed in the following chapters. Chapter Two deals with the changing fate of law under Communist rule. Its focus is on the underlying factors and justifications for such changes. Chapter Three introduces discussions on specific branches of law, from public law (constitutional law, law-making, administrative law, criminal law, criminal procedure law) to `private' law (civil law, family law, contracts, law on business entities, and law on foreign investment and trade). Each of these is dealt with in a separate chapter. After the analysis of these substantial topics, certain conclusions are drawn, which attempt to define the nature of Chinese law and its developments in present-day China.
A Study Of Legal Tradition Of China From A Culture Perspective
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Author : Zhiping Liang
language : en
Publisher: Springer Nature
Release Date : 2023-03-10
A Study Of Legal Tradition Of China From A Culture Perspective written by Zhiping Liang and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-10 with Law categories.
Professor Zhiping Liang offers a new understanding of Chinese legal tradition in this profoundly influential book. Unlike the available literature using the usual method of legal history research, this book attempts to illustrate ancient Chinese legal tradition through cultural interpretation. The author holds that both the concept and practice of law are meaningful cultural symbols. The law reveals not only the life pattern in a specific time and space but also the world of the mind of a specific group of people. Therefore, just as cultures have different types, laws embedded in different societies and cultures also have different characters and spirits. Believing that human experience is often condensed into concepts, categories, and classifications, the author begins his discussion with the analysis of relevant terms and then seeks to understand history by interpreting the interaction and interconnectedness of the words, ideas, and practices. Based on the same understanding, the author uses modern concepts reflectively and critically, consciously exploiting the differences between ancient and contemporary Chinese and Western concepts to achieve a more realistic understanding of history while avoiding the ethnocentrism and modern-centrism common in historical studies.
Beyond The Harmonious Confucian
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Author : Joshua Karton
language : en
Publisher:
Release Date : 2018
Beyond The Harmonious Confucian written by Joshua Karton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
In the contemporary world, one area where the mutual influence of culture and law is most clearly on display is international commercial arbitration. This chapter explores the philosophical, cultural, socio-economic, and structural roots of international arbitration as it is conducted in culturally Chinese jurisdictions and by culturally Chinese parties and arbitrators. Is traditional Chinese culture persistent? Or is its impact swamped by differences in legal systems and the economic imperatives of modern commercial dispute resolution? The chapter concludes that, while standard practices in international arbitration do seem to be determined more by structural and legal factors than by cultural ones, Chinese dispute resolution culture will nevertheless be influential in shaping the evolution of global international arbitration standards.
Tradition Of The Law And Law Of The Tradition
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Author : Xin Ren
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 1997-03-25
Tradition Of The Law And Law Of The Tradition written by Xin Ren and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-03-25 with Law categories.
Traditionally, social theorists in the West have structured models of state social control according to the tenet that socialization is accomplished by means of external controls on behavior: undesirable actions are punished and desirable actions result either in material reward or a simple respite from the oppressive attentions of an authoritarian state. In this volume, the author presents the tradition of law in China as an exception to the Western model of social control. The Confucian bureaucracy that has long structured Chinese social life melded almost seamlessly with the Maoist revolutionary agenda to produce a culture in which collectivism and an internalized adherence to social law are, in some respects, congenital features of Chinese social consciousness. Through her investigation of the Maoist concept of revolutionary justice and the tradition of conformist acculturation in China, the author constructs a fascinating counterpoint to traditional Western arguments about social control.
Law Without Lawyers
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Author : Victor H. Li
language : en
Publisher: Routledge
Release Date : 2019-03-13
Law Without Lawyers written by Victor H. Li and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-13 with Law categories.
The U.S. has 400,000 lawyers in a society of 200 million people. China, a country with four times that population, has a mere 3,500 lawyers. How do the Chinese achieve law without lawyers? Victor Li, one of the world's leading authorities on Chinese law, explores the way the Chinese and U.S. systems have historically viewed law (and still view it), and the way each system functions in everyday life to shape conduct and control deviance. In a straightforward and highly readable manner, the author examines how these highly divergent societies operate. He writes about historical forces and cultural values that are centuries old—and that are still critical influences in shaping life in modern America and China. In explaining the differences in the tradition and operation of law in these two cultures, Li gives us both an invaluable understanding of Chinese society today and his own appraisal of the strengths and weaknesses of U.S. law, lawyers, and courts.