A Study of Legal Tradition of China from a Culture Perspective

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Author :
Publisher : Springer Nature
ISBN 13 : 9811945101
Total Pages : 347 pages
Book Rating : 4.8/5 (119 download)

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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.

The Tradition and Modern Transition of Chinese Law

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Publisher : Springer Science & Business Media
ISBN 13 : 3642232663
Total Pages : 710 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis The Tradition and Modern Transition of Chinese Law by : Jinfan Zhang

Download or read book The Tradition and Modern Transition of Chinese Law written by Jinfan Zhang and published by Springer Science & Business Media. This book was released on 2014-02-20 with total page 710 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Chinese Legal System

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Author :
Publisher : Routledge
ISBN 13 : 1134561296
Total Pages : 571 pages
Book Rating : 4.1/5 (345 download)

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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 571 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.

Tradition of the Law and Law of the Tradition

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Author :
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313370109
Total Pages : 198 pages
Book Rating : 4.3/5 (133 download)

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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.

Chinese Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004635440
Total Pages : 429 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Chinese Law by : Chen

Download or read book Chinese Law written by Chen and published by Martinus Nijhoff Publishers. This book was released on 2023-09-25 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Chinese Law

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041111869
Total Pages : 440 pages
Book Rating : 4.1/5 (118 download)

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Book Synopsis Chinese Law by : Jianfu Chen

Download or read book Chinese Law written by Jianfu Chen and published by Martinus Nijhoff Publishers. This book was released on 1999-07-14 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 RESEARCH GUIDE

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Publisher : Wydawnictwo Naukowe ArchaeGraph
ISBN 13 : 8366709485
Total Pages : 82 pages
Book Rating : 4.3/5 (667 download)

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Book Synopsis CHINESE LAW RESEARCH GUIDE by : ZUZANNA KOPANIA

Download or read book CHINESE LAW RESEARCH GUIDE written by ZUZANNA KOPANIA and published by Wydawnictwo Naukowe ArchaeGraph. This book was released on 2020-09-01 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: A journey of a thousand miles begins with a single step. This Research Guide will be the first step in your journey with Chinese law. China grows more important every day from a global perspective. However, studying and conducting research on Chinese law can be extremely challenging, especially if you do not know Mandarin well. This book is intended as a compact but comprehensive research guide that would provide students (especially those who are preparing coursework or dissertations about Chinese law), researchers and legal practitioners with the necessary knowledge about how to conduct effective Chinese legal research.

A Comparative Study of Chinese and Western Legal Language and Culture

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Publisher : Springer Nature
ISBN 13 : 9811593477
Total Pages : 434 pages
Book Rating : 4.8/5 (115 download)

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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.

Chinese Contemporary Perspectives on International Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004236147
Total Pages : 288 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Chinese Contemporary Perspectives on International Law by : Xue Hanqin

Download or read book Chinese Contemporary Perspectives on International Law written by Xue Hanqin and published by Martinus Nijhoff Publishers. This book was released on 2012-08-21 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Built on the theme “history, culture and international law”, this special course gives a comprehensive review of China’s contemporary perspective and practice of international law in the past 60 years, with its focus on the recent 30 years when China is gradually integrated into international legal system through its opening up and economic reform process. After an in-depth revisit of China’s position on sovereignty and non-interference from a historical and cultural perspective, the author further explores a few areas of importance where China’s viewpoints often invite general interest: human rights, sustainable development, and multilateralism and regional cooperation.

The History of Chinese Legal Civilization

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Author :
Publisher : Springer
ISBN 13 : 9789811010309
Total Pages : 903 pages
Book Rating : 4.0/5 (13 download)

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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

Inside China's Legal System

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Publisher : Chandos Publishing
ISBN 13 : 0857094610
Total Pages : 390 pages
Book Rating : 4.8/5 (57 download)

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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

Essays on China's Legal Tradition

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Author :
Publisher : Princeton University Press
ISBN 13 : 1400885833
Total Pages : 448 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Essays on China's Legal Tradition by : Jerome Alan Cohen

Download or read book Essays on China's Legal Tradition written by Jerome Alan Cohen and published by Princeton University Press. This book was released on 2017-03-14 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law Without Lawyers

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Publisher : Routledge
ISBN 13 : 042972635X
Total Pages : 154 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis Law Without Lawyers by : Victor H. Li

Download or read book Law Without Lawyers written by Victor H. Li and published by Routledge. This book was released on 2019-03-13 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

An Introduction to the Legal System of the People's Republic of China

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Publisher : Butterworth-Heinemann
ISBN 13 :
Total Pages : 324 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis An Introduction to the Legal System of the People's Republic of China by : Hongyi Chen

Download or read book An Introduction to the Legal System of the People's Republic of China written by Hongyi Chen and published by Butterworth-Heinemann. This book was released on 1992 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal system of China is a young one, as the reconstruction after its sabotage during the Cultural Revolution only began in 1979. This book is written from a comparative jurisprudential perspective. It provides a systematic account of the history of the Chinese legal system, its structure, the sources of law, the major legal institutions, and the basic concepts and principles of procedural and substantive law, as well as raising questions of a more theoretical interest.

Rethinking Chinese Jurisprudence and Exploring Its Future

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Author :
Publisher : World Scientific
ISBN 13 : 9814440329
Total Pages : 328 pages
Book Rating : 4.8/5 (144 download)

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Book Synopsis Rethinking Chinese Jurisprudence and Exploring Its Future by : Zhenglai Deng

Download or read book Rethinking Chinese Jurisprudence and Exploring Its Future written by Zhenglai Deng and published by World Scientific. This book was released on 2014-04-17 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an antecedent study on the task facing China's legal science, more strictly speaking — China's legal philosophy, in post-Cold War world structure. In broader terms, this is an academic study of China's own “identity” and future in the world structure. The author believes that from 1978 to 2004, in spite of its great achievements, China's legal science has at the same time had some of its grave problems being exposed. A fundamental problem is its failure to provide a “Chinese legal ideal picture” as the standard of and direction for evaluating, assessing and guiding China's law/legal development. This is an age of law without China's own ideal picture(s). However, why has China failed to have its own legal ideal picture(s)? Apparently this question in and of itself implies a question, both more directly and fundamentally, of China's legal science, namely why China's legal science has failed to provide China's own legal picture(s)? Or, as an internal critical approach may suggest (namely to critique China's legal science from the perspective of its promised objectives), where is China's legal science heading? Based on this, this book attempts to expound a standard to evaluate China's legal science through a theoretical discussion of this issue, and to further explore the possible direction for China's legal science beyond this age. Contents:IntroductionChina's Legal Science and the “Paradigm of Modernization” A Critique and Reflection on the “Paradigm of Modernization” The Absence of “China” in Chinese Legal Scholarship: A Case Study of the Legal Research on “Consumers' Rights” Further Critical Examination of China's Legal Science (1): A Critique of Liang Zhiping's “Legal Culturalism” Further Examination of China's Legal Science (Part 2): A Critique of Su Li's “Indigenous Resourcism” Some Tentative Concluding Remarks Readership: Researchers, professionals, undergraduate and graduate students interested in China's legal science and legal philosophy studies. Keywords:Chinese Jurisprudence;Positivism;Legalism;Rights as the Foundation;Indigenous ResourcesKey Features:This book is written by a prominent scholar in China's social sciences in general and jurisprudence in particular. The Chinese version of this book is one of the most important, and also best-selling, academic books on China's legal science since 1949. It surveys, in general, the development of China's jurisprudence in the past three decades, with a critical eye on how it has colluded with China's ticket to board the ship of globalisationThis book addresses not only legal science, but social sciences in general. As the only author ranked most-cited in six disciplines in China, Deng has a broader concern than most writers who confine their studies within the narrow boundaries of particular academic disciplines. This shall interest readers on a wider scale in the international marketThis book will open up the discussions on alternative or indigenous studies in international social sciences. Although seemingly a topic addressing China's jurisprudence, readers from other cultures, nations and disciplines shall find this book inspiring to the extent that it provides fresh perspectives than the West-dominated ones that have been leading the globalisation of law

Chinese Legal Reform and the Global Legal Order

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1316859622
Total Pages : 328 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Chinese Legal Reform and the Global Legal Order by : Yun Zhao

Download or read book Chinese Legal Reform and the Global Legal Order written by Yun Zhao and published by Cambridge University Press. This book was released on 2017-11-09 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume critically evaluates the latest legal reform of China, covering major areas such as trade and securities law, online privacy law, criminal law, human rights and international law. It represents a bold departure from the most recent works on Chinese legal reform by engaging the ideas of experts in contemporary Chinese law with the archival scholarship of Chinese legal historians. This unique interdisciplinary feature affords readers a more nuanced view of the complexities and specificities of how China has problematised legal reforms in various historical contexts when building a progressive yet sustainable legal system. This volume appraises the most current reform in Chinese law by considering China's engagement with globalisation, increasingly complicated domestic situation and historical legal transplantation experiences. It will be of huge interest to students, researchers and practitioners interested in Chinese law and policy, China and Asian studies and Chinese legal history.

Legal Traditions in Asia

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Author :
Publisher : Springer Nature
ISBN 13 : 3030437280
Total Pages : 492 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis Legal Traditions in Asia by : Janos Jany

Download or read book Legal Traditions in Asia written by Janos Jany and published by Springer Nature. This book was released on 2020-04-08 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comparative analysis of traditional Asian legal systems. It combines methods from legal history, legal anthropology, legal philosophy, and substantive law, pursuing a comprehensive approach that offers readers a broad perspective on the topic. The geographic regions covered include the Near East, Middle East, Central Asia, India, China, Japan, and Southeast Asia. For each region, the book first provides historical and political context. Next, it discusses major milestones in the region’s legal history and political institutions, as well as its forms of government. Readers are then presented with fundamental principles and terms needed to understand the legal arguments discussed. The book begins with the Ancient Near East and important topics such as Jewish law. The next part considers Islamic law, while also exploring modern issues. The third part focuses on Hindu and Buddhist law, while the fourth part covers China and Japan. The book’s closing section examines tribal societies, e.g. Mongols, Pashtuns and Malays. Topics covered include the interaction of legal systems within a legal circle, inter-systemic interactions, reasons for the failure and success of legal modernization, legal pluralism, and its effects on Asian societies. Family law, law of obligation, criminal law, and procedural law are also explored.