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A Comparative Study Of Chinese And Western Legal Language And Culture
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Book Synopsis A Comparative Study of Chinese and Western Legal Language and Culture by : Falian Zhang
Download or read book A Comparative Study of Chinese and Western Legal Language and Culture written by Falian Zhang and published by Springer Nature. This book was released on 2021-03-08 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book involves a variety of aspects and levels, including the diachronic and synchronic dimensions. Law profoundly affects our daily lives, but its language and culture can at times be nearly impossible to understand. As a comparative study of Chinese and Western legal language and legal culture, this book investigates the similarities and differences of both sides and identifies their respective advantages and disadvantages. Accordingly, it considers both social and cultural functions, and both theoretical and practical values. Firstly, the book addresses the differences, that is, the basic frameworks and disparities between the Chinese and Western legal languages and legal cultures. Secondly, it explores relevant changes over time, that is, the historical evolution and the basic driving forces that were at work before the Chinese and Western legal languages and cultures “met.” Lastly, the book elaborates on their fusion, that is, the conflicts and changes in Chinese and Western legal languages and cultures in China in the modern era, as well as the introduction, transplantation and transformation of Western legal culture.
Book Synopsis Fundamental Legal Concepts of China and the West by : Hyung I. Kim
Download or read book Fundamental Legal Concepts of China and the West written by Hyung I. Kim and published by Kennikat Press. This book was released on 1981 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work focuses on the concepts of natural law, equity or justice, and right and responsibility in traditional Chinese law.
Book Synopsis Comparative Perspectives on the Chinese Civil Code by : Meiling Huang
Download or read book Comparative Perspectives on the Chinese Civil Code written by Meiling Huang and published by Taylor & Francis. This book was released on 2024-03-05 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative analysis of Chinese property law as depicted in the newly enacted Chinese Civil Code. The Chinese Civil Code, the first civil code in the history of the People’s Republic of China, was enacted as law in May 2020. Reflecting the growing interest in this code and its provisions to scholars of codification and of comparative private law, it has already been translated into English, German, and Italian. Chinese property law has both local and global features, and this comparative study offers a channel through which to understand Chinese property law, by highlighting both its similarities and differences from other property systems. Broadly speaking, the book brings together two approaches. The first comprises a comprehensive discussion of aspects of Chinese property law, such as ownership, property rights, and secured transactions. The second consists of perspectives from other jurisdictions and provides an assessment of Chinese property law based on other property systems. Containing contributions by both distinguished and young scholars, who are experienced in comparative property law research, the book offers a unique insight into the Chinese Civil Code and, through it, how extra-civilian elements are embodied in a fundamentally civilian legal system. This book will appeal to scholars and students of property law, comparative law, and others with specific interests in law and politics in China.
Book Synopsis A Study of Legal Tradition of China from a Culture Perspective by : Zhiping Liang
Download or read book A Study of Legal Tradition of China from a Culture Perspective written by Zhiping Liang and published by Springer Nature. This book was released on 2023-03-10 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Culture, Law and Order written by and published by . This book was released on 2007 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Rethinking Unjust Enrichment by : Warren Swain
Download or read book Rethinking Unjust Enrichment written by Warren Swain and published by Oxford University Press. This book was released on 2024-02-29 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This inter-disciplinary volume brings together scholars from across the globe to challenge the dominant position of unjust enrichment and suggest more satisfactory alternatives. Rethinking Unjust Enrichment includes a broad range of voices from the UK, US, Australia, Canada, China, Singapore, Germany, Ireland, New Zealand, Hong Kong, and South America. The book includes voices of sceptics who think that the current unjust enrichment doctrine must be seriously qualified and others who think that it should be eliminated altogether. The contributions cast doubt on the various parameters of unjust enrichment from an analytical standpoint, representing four interrelated perspectives: history, sociology, doctrine, and theory. The four-limb structure of the book provides readers with a clear understanding of the current problems of unjust enrichment at the deepest levels of its history, sociological forces, doctrinal fallacies, and normative deficiencies. This treatment of the subject serves as the basis for a comprehensive reform across jurisdictions. Comprehensive and multi-faceted, Rethinking Unjust Enrichment is interesting to both sceptics and supporters of the unjust enrichment. It facilitates a critical and constructive dialogue between the two.
Book Synopsis Tradition of the Law and Law of the Tradition by : Xin Ren
Download or read book Tradition of the Law and Law of the Tradition written by Xin Ren and published by Bloomsbury Publishing USA. This book was released on 1997-03-25 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Inside China's Legal System by : Chang Wang
Download or read book Inside China's Legal System written by Chang Wang and published by Chandos Publishing. This book was released on 2013-10-31 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: China’s legal system is vast and complex, and robust scholarship on the subject is difficult to obtain. Inside China’s Legal System provides readers with a comprehensive look at the system including how it works in practice, theoretical and historical underpinnings, and how it might evolve. The first section of the book explains the Communist Party’s utilitarian approach to law: rule by law. The second section discusses Confucian and Legalist views on morality, law and punishment, and the influence such traditional Chinese thinking has on contemporary Chinese law. The third section focuses on the roles of key players (including judges, prosecutors, lawyers, and legal academics) in the Chinese legal system. The fourth section offers Chinese legal case studies in civil, criminal, administrative, and international law. The book concludes with a comparison of China’s fundamental governing and legal principles with those of the United States, in such areas as checks and balances, separation of powers, and due process. Uses extensive legal materials and historical documents generally unavailable to Western based academics Gives insider knowledge, including first-hand experience teaching law, and close involvement with judges, attorneys, and law professors in China Analyses legal issues from historical and cultural perspectives holistically
Book Synopsis The History of Chinese Legal Civilization by : Jinfan Zhang
Download or read book The History of Chinese Legal Civilization written by Jinfan Zhang and published by Springer. This book was released on 2020-07-25 with total page 903 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis The Changing Legal Orders in Hong Kong and Mainland China: Essays on “One Country, Two Systems” by : Albert H.Y. Chen
Download or read book The Changing Legal Orders in Hong Kong and Mainland China: Essays on “One Country, Two Systems” written by Albert H.Y. Chen and published by City University of HK Press. This book was released on 2021-03 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Law Without Lawyers by : Victor H. Li
Download or read book Law Without Lawyers written by Victor H. Li and published by Westview Press. This book was released on 1978-10-25 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Chinese Legal System by : Pitman B. Potter
Download or read book The Chinese Legal System written by Pitman B. Potter and published by Routledge. This book was released on 2005-07-08 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal system of the People's Republic of China has seen significant changes since legal reforms began in 1978. At the end of the second decade of legal reform, law-making and institution-building have reached impressive levels. Understanding the operation and possible futures of law in the People's Republic of China requires an appreciation of the normative influences on the system, as well as an examination of how these norms have worked in practice.
Download or read book 中西法律语言与文化对比研究 written by 张法连 and published by BEIJING BOOK CO. INC.. This book was released on 2020-08-06 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: 本书分为“中西法律语言对比”和“中西法律文化对比”两大部分。前者涵盖了第一章到第五章的内容，具体包括对于语言的功能和特征，法律与语言之间的关系，法律语言的分类和特征等方面的研究。后者涵盖了第六章到第二十章的内容，具体包括文化的功能和分类，法律文化的界定和分类等方面的内容。
Book Synopsis Legal Orientalism by : Teemu Ruskola
Download or read book Legal Orientalism written by Teemu Ruskola and published by Harvard University Press. This book was released on 2013-06-01 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the Cold War, how did China become a global symbol of disregard for human rights, while the U.S positioned itself as the chief exporter of the rule of law? Teemu Ruskola investigates globally circulating narratives about what law is and who has it, and shows how “legal Orientalism” developed into a distinctly American ideology of empire.
Book Synopsis The Futility of Law and Development by : Jedidiah J. Kroncke
Download or read book The Futility of Law and Development written by Jedidiah J. Kroncke and published by Oxford University Press. This book was released on 2016-01-18 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Civil Law in Qing and Republican China by : Philip C. C. Huang
Download or read book Civil Law in Qing and Republican China written by Philip C. C. Huang and published by . This book was released on 1994 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The opening of local archives to Western scholars in the 1980's has provided the basis for this reexamination of civil law in Qing and Republican China. This pathbreaking volume demonstrates that, contrary to previous scholarly understanding, Qing and Republican courts dealt extensively with such civil matters as land rights, debt, marriage, and inheritance, and did so with striking consistency and in conformity with the written code.
Book Synopsis Law and Politics in Modern China by : Sharron Gu
Download or read book Law and Politics in Modern China written by Sharron Gu and published by . This book was released on 2014-05-14 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an original interdisciplinary study of Chinese law, its language, and political institution. Evolving within a complex literary framework over thousands of years, Chinese language has lost its conceptual distinctiveness to its multilevel and overlapping meanings and connotations. Chinese law has become inflated with contrary rulings and exceptions. This mass of rules requires an extra-lingual (legal) authority to redefine boundaries and specify applications. This book follows and continues the author's, The Boundaries of Meaning and the Formation of Law (McGill University Press) by illustrating how language shapes the formation, application, and administration of law in various cultural environments. Law and Politics in Modern China is an important book for those interested in Chinese history, culture, law, and politics. It also provides refreshing insights about the way that law continues to function after its language matures and creates contradictions and loopholes within its system of rules--one of the most important issues facing Western legal administration in the immediate future.
