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Embedded Courts is laden with tension. Chinese courts are organized as a singular and unified system yet grassroots courts in urban and rural regions differ greatly in the way they use the law and are as diverse as the populations they serve. Based on extensive fieldwork and in-depth interviews, this book offers a penetrating discussion of the operation of Chinese courts. It explains how Chinese judges rule and how the law is not the only script they follow - political, administrative, social and economic factors all influence verdicts. This landmark work will revise our understanding of the role of law in China - one that cannot be easily understood through the standard lens of judicial independence and separation of powers. Ng and He make clear the struggle facing frontline judges as they bridge the gap between a rule-based application of law and an instrumentalist view that prioritizes stability maintenance.
A study of the decision-making process of Chinese courts and the non-legal forces and regional factors that influence judicial outcomes.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.
This book explores the recent development of the Supreme People’s Court of China, the world’s largest highest court. Recognizing that its approach to exercising power in an authoritarian context has presented a challenge to the understanding of judicial power in both democratic and non-democratic legal settings, it captures the essence of the Court through its institutional design as well as functional practice. It argues that regardless of the deep-seated political and institutional constraints, the Court has demonstrated a highly pragmatic interest in fulfilling its primary functions and prudently expanding judicial power in the context of reform-era China. This notwithstanding, it also discusses how the Court’s incompetence and reluctance to challenge the bureaucratism and politicization suggests that the call for an impartial and authoritative judicial power will continue to be jeopardized while the Court operates in the shadow of Party authority and lacks meaningful checks and balances. Drawing on the experience of the Court, this book reflects on some deep-rooted misunderstandings of legal development in China, providing a source of inspiration for reconceptualizing the internal logic of a distinct category of judicial power.
How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.
Politics in China is an authoritative introduction to how the world's second most populous nation and rapidly rising global power is governed today. Written by leading China scholars, each chapter offers an accessible overview of a key topic in Chinese politics. The fourth edition of Politics in China has been thoroughly updated and includes a new chapter on the rise and rule of Xi Jinping. It is essential reading not only for students studying the PRC, but also for any reader interested in learning how China has evolved in recent times, how its political system works, and about the most important challenges it faces in years ahead.
Southeast Asia, an economically dynamic and strategically vital region, seemed until recently to be transiting to more democratic politics. This progress has suddenly stalled or even gone into reverse, requiring that analysts seriously rethink their expectations and theorizing. The Routledge Handbook of Southeast Asian Democratization provides the first book-length account of the reasons for democracy’s declining fortunes in the region today. Combining theory and case studies, it is structured in four major sections: Stunted Trajectories and Unhelpful Milieus Wavering Social Forces Uncertain Institutions Country cases and democratic guises This interdisciplinary reference work addresses topics including the impact of belief systems, historical records, regional and global contexts, civil society, ethnicity, women, Islam, and social media. The performance of political institutions is also assessed, and the volume offers a series of in-depth case studies, evaluating the country records of particular democratic, hybrid, and authoritarian regimes from a democratization perspective. Bringing together nearly 30 key international experts in the field, this cutting-edge Handbook offers a comprehensive and fresh investigation into democracy in the region This timely survey will be essential reading for scholars and students of Democratization and Asian Politics, as well as policymakers concerned with democracy’s setbacks in Southeast Asia and the implications for the region’s citizens.
Examining the past, current, and potential future roles of the Communist Party in governing China The Chinese Communist Party and its polices touch nearly every aspect of life in China and dominate some. An often-quoted current phrase—one with roots in the era of Mao Zedong—says “the Party leads all.” Under the leadership of Xi Jinping, the Party determines much of what is permitted and prohibited in the country's social, economic, and political activity, as well as China's increasingly consequential foreign relations. Even so, the Communist Party always has faced limits on what it can control, and it may encounter new obstacles ahead. This book addresses important questions about the current and future roles of the party: Has Xi's tenure brought a qualitative increase in the pursuit, or achievement, of party control? How is party rule shaped and exercised by internal party dynamics, the party's control over the state, society, economy, foreign affairs, government institutions and rules, and ideology? How serious are the threats to party strength and success posed by Xi's approach to power, corruption in the party's ranks, a rapidly changing society, a fraught international environment, or a possibly overly ambitious agenda for party control? Leading scholars examine these questions from several disciplinary perspectives, each focusing on a key area of the party and its efforts to lead, control, or influence the world around it. This book offers the most comprehensive and up-to-date assessment of the party's roles in China's economy, government, civil society, legal system, military affairs, and foreign policy. It does so at a critical moment, with the full contours of the Xi Jinping era in China becoming more evident and as the CCP reaches its 100th anniversary and nears three-quarters of a century in power. It will be essential reading for all scholars, students, and policy-makers interested in contemporary China.