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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.
This book is an antecedent study on the task facing China's legal science, more strictly speaking OCo China's legal philosophy, in post-Cold War world structure. In broader terms, this is an academic study of China's own OC identityOCO 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 of being exposed. A fundamental problem is its failure to provide a OC Chinese legal ideal pictureOCO 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: Introduction; China's Legal Science and the OC Paradigm of ModernisationOCO A Critique and Reflection on the OC Paradigm of ModernisationOCO The Absence of OC ChinaOCO in China's Legal Scholarship; Further Examination of China's Legal Science (Part I): A Critique of Liang Zhiping's OC Thesis of Legal CultureOCO Further Examination of China's Legal Science (Part II): A Critique of Su Li's OC Thesis of Indigenous ResourcesOCO Tentative Conclusion. Readership: Researchers, professionals, undergraduate and graduate students interested in China's legal science and legal philosophy studies.
This book is the result of the collective effort of some of the foremost experts and scholars of Chinese law, Asian law, and Chinese economics and carefully examines the relationship between law and China’s economic development. Serious inquiries and candid opinions of the contributors have made for stimulating discussion and debate in many controversial areas. This book is likely to result in further research into factors affecting China’s economic development, political change, and China’s interaction with the international community. The book explores the development of the Chinese legal system from both China’s historical perspective, taking into account the specific political and socioeconomic factors that are shaping Chinese law, and from a comparative perspective exploring the interaction between China and the rest of the world. The book brings together key international scholars of Chinese law and economics including Hualing Fu, Roda Mushkat, Randall Peerenboom, Zhigang Tao and Frank Upham. The first part of the book focuses on the linkages between the formal law and China’s economic development, looking at Chinese courts, economic institutions and firm behaviour as well as contract enforcement and property rights. Part two deals with issues of law, human rights, and social justice as they relate to economic and human development. Taken as a whole, the book offers a unique discourse on the interaction between law and economic and human development in China.
This book aims to explore the construction of Chinese law, with an evolution that has been strongly inspired by international law that has functioned as a "pioneer of legal civilization" in China. Chinese law is a fluid sedimentation of traditional elements of Chinese culture and the internalization of external elements. The internal dimension of Chinese legal evolution therefore coincides with a progressive incursion also at the international level, questioning the traditional rules of international relations. The most relevant and comprehensive concept that has been proposed by China in recent years is certainly the idea of building a "community of shared future for mankind." This aspiration demonstrates a global and integral vocation of international law capable of embracing relations of a new type, towards a multi-polar democratization of international relations, which mark the need for the beginning of a new era.
This book discusses the opportunities and challenges facing legal education in the era of globalization. It identifies the knowledge and skills that law students will require in order to prepare for the practice of tomorrow, and explores pedagogical shifts legal education needs to make inside and outside of the classroom. With contributions from leading experts on legal education from various jurisdictions across the globe, the work combines theoretical depth with practical insights. Seeking to understand the changing landscape of legal education in the era of globalization, the contributions find that law schools can, and must, adopt educational strategies that at least present students with different understandings of what studying and practicing law is meant to be about. They find that law schools need to offer their students choices, a vision of practice that is not driven entirely by the demands of the marketplace or the needs of major international law firms. Bridging the gap between theory and practice, this book makes a significant contribution to the impact of globalization on legal education, and how students and law schools need to adapt for the future. It will be of great interest to academics and students of comparative legal studies and legal education, as well as policy-makers and practitioners.
Bitterly contested memories of war, colonisation, and empire among Japan, China, and Korea have increasingly threatened regional order and security over the past three decades. In Sino-Japanese relations, identity, territory, and power pull together in a particularly lethal direction, generating dangerous tensions in both geopolitical and memory rivalries. Buzan and Goh explore a new approach to dealing with this history problem. First, they construct a more balanced and global view of China and Japan in modern world history. Second, building on this, they sketch out the possibilities for a 21st century great power bargain between them. Buzan puts Northeast Asia's history since 1840 into both a world historical and a systematic normative context, exposing the parochial nature of the China-Japan history debate in relation to what is a bigger shared story about their encounter with modernity and the West, within which their modern encounter with each other took place. Arguing that regional order will ultimately depend substantially on the relationship between these two East Asian great powers, Goh explores the conditions under which China and Japan have been able to reach strategic bargains in the course of their long historical relationship, and uses this to sketch out the main modes of agreement that might underpin a new contemporary great power bargain between them in a variety of future scenarios for the region. The frameworks adopted here consciously blend historical contextualisation, enduring concerns with wealth, power and interest, and the complex relationship between Northeast Asian states' evolving encounters with each other and with global international society.
The history of exiles from Nazi Germany and the creation of the notion of a shared European legal tradition.
This book contains bibliographic references with abstracts and subject headings to public and social policy literature and to world politics published in print and electronic formats; international focus.