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Law and Order in Sung China

Author : Brian E. McKnight
Publisher : Cambridge University Press
Page : 575 pages
File Size : 37,7 MB
Release : 1992-10-30
Category : History
ISBN : 0521411211

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This work is the first comprehensive study of law enforcement in traditional China. The depth and rigour to which the subject is treated makes it invaluable in the study of Chinese society or law and order.

Law and Morality in Ancient China

Author : R. P. Peerenboom
Publisher : State University of New York Press
Page : 408 pages
File Size : 49,15 MB
Release : 1993-02-11
Category : History
ISBN : 1438415745

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Huang-Lao thought, a unique and sophisticated political philosophy which combines elements of Daoism and Legalism, dominated the intellectual life of late Warring States and Early Han China, providing the ideological foundation for post-Qin reforms. In the absence of extant texts, however, scholars of classical Chinese philosophy remained in the dark about this important school for over 2000 years. Finally, in 1973, archaeologists unearthed four ancient silk scrolls: the Silk Manuscripts of Huang-Lao. This work is the first detailed, book-length treatment in English of these lost treasures.

The Rise of China and International Law

Author : Congyan Cai
Publisher : Oxford University Press
Page : 344 pages
File Size : 33,87 MB
Release : 2019-09-10
Category : Law
ISBN : 0190073624

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The rise of China signals a new chapter in international relations. How China interacts with the international legal order--namely, how China utilizes international law to facilitate and justify its rise and how international law is relied upon to engage a rising China--has invited growing debate among academics and those in policy circles. Two recent events, the South China Sea Arbitration and the US-China trade war, have deepened tensions. This book, for the first time, provides a systematic and critical elaboration of the interplay between a rising China and international law. Several crucial questions are broached. These include: How has China adjusted its international legal policies as China's state identity changes over time, especially as it becomes a formidable power? Which methodologies has China adopted to comply with international law and, in particular, to achieve its new legal strategy of norm entrepreneurship? How does China organize its domestic institutions to engage international law in order to further its ascendance? How does China use international law at a national level (in the Chinese courts) and at an international level (for example, lawfare in international dispute settlement)? And finally, how should "Chinese exceptionalism" be understood? This book contributes significantly to the burgeoning and highly relevant scholarship on China and international law.

Law and the Party in China

Author : Rogier J. E. H. Creemers
Publisher : Cambridge University Press
Page : 285 pages
File Size : 31,82 MB
Release : 2022-07-28
Category : Law
ISBN : 9781108818919

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In the Xi Jinping era, it has become clear that the rule of law, as understood in the West, will not appear in China soon. But was this ever a likely option? This book argues China's legal system needs to be studied from an internal perspective, to take into account the characteristic architecture of China's Party-state. To do so, it addresses two key elements: ideology and organisation. Part One of the book discusses ideology and the law, exploring how the Chinese Communist Party conceives of the nature of law and its position within its broader range of policy tools. Part Two, on organisation and the law, reviews how these ideological principles manifest themselves in the application of law, as well as the reform of the Party-state. As such, it highlights how the Party's plans and approaches run counter to mainstream theoretical expectations, and advocates a greater attention to the inherent logic of the system itself.

Research from Archival Case Records

Author : Philip C.C. Huang
Publisher : BRILL
Page : 586 pages
File Size : 22,82 MB
Release : 2014-04-30
Category : History
ISBN : 9004271899

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Legal history studies have often focused mainly on codified law, without attention to actual practice, and on the past, without relating it to the present. As the title—Research from Archival Case Records: Law, Society, and Culture in China—of this book suggests, the authors deliberately follow the research method of starting from court actions and only on that basis engage in discussions of laws and legal concepts and theory. The articles cover a range of topics and source materials, both past and present. They provide some surprising findings—about disjunctures between code and practice, adjustments between them, and how those reveal operative principles and logics different from what the legal texts alone might suggest. Contributors are: Kathryn Bernhardt, Danny Hsu, Philip C. C. Huang, Christopher Isett, Yasuhiko Karasawa, Margaret Kuo, Huaiyin Li, Jennifer M. Neighbors, Bradly W. Reed, Matthew H. Sommer, Huey Bin Teng, Lisa Tran, Elizabeth VanderVen, and Chenjun You.

Building the Rule of Law in China

Author : Weidong Ji
Publisher : Routledge
Page : 399 pages
File Size : 20,84 MB
Release : 2017-12-12
Category : Law
ISBN : 1351613057

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After thirty years of Mao era (1949-1979) which was struggle-based, the Communist Party of China has begun to change its position as a pioneering revolutionary party, evolving into a universal ruling party that transcends class interests. Meanwhile, administrative and judicial reforms oriented toward a more efficient, serving government and the rule of law have been actively carried out. As the earliest work on constructive jurisprudence of new proceduralism in China, this book elaborates on the ideological confrontation on the "direction of China". It includes academic debates on politics and law which the author has been involved in, and top-level institutional design in China. Besides, this book introduces, analyzes and evaluates the focus of Chinese contemporary jurisprudence, making some critical summarizing propositions on the practical experiences. A review of Western contemporary jurisprudence and the forefront of legal research is also covered, aiming to provide ideological resources for the rule of law in China. Scholars and students in Chinese legal and social transformation studies will be attracted by this book. Furthermore, it will help different civilizations conduct rational dialogues on justice and order.

The Futility of Law and Development

Author : Jedidiah Joseph Kroncke
Publisher : Oxford University Press
Page : 373 pages
File Size : 32,68 MB
Release : 2016
Category : Law
ISBN : 0190233524

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This text uses the Sino-American relationship to trace the decline of American legal cosmopolitanism from the Revolutionary era until today.

China: in the Name of Law. A New Global Order

Author : Francesco Sisci
Publisher : goWare
Page : 442 pages
File Size : 14,19 MB
Release : 2016-02-09
Category : Political Science
ISBN : 8867974882

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For the first time ever in its history China will be ruled by law, as president Xi Jinping announced. It will be a dramatic departure from its traditions and a big leap forward in westernization—or not? Because China had its old legal tradition but was based on orders issued by the monarch not covenants agreed between common people, like in Rome motherland of the western judiciary.