Law without lawyers

a comparative view of law in China and the United States
Author: Victor H. Li
Publisher: Westview Pr
ISBN: N.A
Category: Law
Page: 102
View: 2998

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The Mediation Process

Practical Strategies for Resolving Conflict
Author: Christopher W. Moore
Publisher: John Wiley & Sons
ISBN: 1118421523
Category: Law
Page: 704
View: 5580

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The Fourth Edition of a seminal work in the field ofmediation and conflict resolution For almost thirty years, conflict resolution practitioners,faculty, and students have depended on The Mediation Processas the all-inclusive guide to the discipline. The mostcomprehensive book written on mediation, this text is perfect fornew and experienced conflict managers working in any area ofdispute resolution—family, community, employment, business,environmental, public policy multicultural, or international. Thisis the expert's guide, and the Fourth Edition has beenexpanded and revised to keep pace with developments in the field.It includes new resources that will promote excellence in mediationand help disputants reach durable agreements and enhance theirworking relationships. Includes expanded information on the latest approaches forproviding mediation assistance Features comprehensive guidelines for selecting the rightstrategy for both common and unique problems Utilizes updated, contemporary case studies of all types ofdisputes Offers expanded coverage of the growing field and practice ofintercultural and international mediation

The People's Law Review


Author: Ralph E. Warner
Publisher: Addison Wesley Publishing Company
ISBN: N.A
Category: Law
Page: 359
View: 4131

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This collection of articles and interviews provides a wide range of information on the history of self-help law, thoughts on its future, and alternative methods of solving legal problems.

Comparative Law in a Global Context

The Legal Systems of Asia and Africa
Author: Werner F. Menski
Publisher: Cambridge University Press
ISBN: 1139452711
Category: Law
Page: N.A
View: 2655

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Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.

Jenseits der Menschenrechte

Die Rechtsstellung des Individuums im Völkerrecht
Author: Anne Peters
Publisher: Mohr Siebeck
ISBN: 9783161527494
Category: Law
Page: 559
View: 5703

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Grundthese des Buches ist, dass ein Paradigmenwechsel stattgefunden hat, der den Menschen zum primaren Volkerrechtssubjekt macht. Diese These wird vor dem Hintergrund der Ideengeschichte und Dogmatik der Volkerrechtspersonlichkeit des Menschen entfaltet und auf die Rechtspraxis in zahlreichen Teilrechtsgebieten, angefangen vom Recht der internationalen Verantwortung uber das Recht des bewaffneten Konflikts, das Recht der Katastrophenhilfe, das internationale Strafrecht, das internationale Umweltrecht, das Konsularrecht und das Recht des diplomatischen Schutzes, das internationale Arbeitsrecht, das Fluchtlingsrecht bis hin zum internationalen Investitionsschutzrecht gestutzt. Der neue Volkerrechtsstatus des Menschen wird mit dem Begriff des subjektiven internationalen Rechts auf den Punkt gebracht.

Christianity in Chinese Public Life: Religion, Society, and the Rule of Law


Author: J. Carpenter,K. den Dulk,Kevin R. den Dulk
Publisher: Springer
ISBN: 1137410183
Category: Social Science
Page: 127
View: 3110

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This book analyzes the interaction of religion, society, and governance in China - suggesting it is much more subtle and complex than common convention suggests. The edited work addresses civic engagement, religion, Christianity, and the rule of law in contemporary Chinese society.

From Administrative Authorisation to Private Law

A Comparative Perspective of the Developing Civil Law in the People's Republic of China
Author: Jianfu Chen
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792332008
Category: Law
Page: 324
View: 4129

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This book is an in-depth, comparative study of the nature of civil and commercial law and of its development in the PRC. It focuses on the very complex interrelations and interactions between Party and state policies and measures, scholars' theoretical efforts and the development of civil and commercial law, especially the development of the institutions of legal personality and of property rights in the PRC. It also analyses the underlying influences of foreign legal systems and legal theories as well as the difficulties experienced by Chinese law makers and scholars in applying these theories. The book provides fresh insights into the role of law and the transformation of Chinese civil and commercial law, as now occurring in the PRC. The book is a valuable reference source for scholars who wish to explore the fascinating subject of the transformation of civil and commercial law in contemporary China.

Realms of Freedom in Modern China


Author: William C. Kirby
Publisher: Stanford University Press
ISBN: 9780804752329
Category: History
Page: 396
View: 3641

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The fifteenth and final volume of the series The Making of Modern Freedom, this book explores a variety of issues surrounding questions of human rights and freedom in China. The chapters suggest very significant realms of freedom, with or without the protection of law, in the personal, social, and economic lives of people in China before the twentieth century. This was recognized, and partly codified, in the early twentieth century, when legal experts sought to establish a republic of laws and limits. The process of legal reform, however, would be placed firmly in the service of strengthening the post-imperial Chinese nation-state, culminating after 1949 in despotism unparalleled in Chinese history. Nevertheless, the last decades of the twentieth century and the first years of our own would witness a slow, steady, but unmistakable reassertion of realms of personal and communal autonomy that show, even in an era of strong states, at least the prospect of institutionalized freedoms.

The Death Penalty in Contemporary China


Author: S. Trevaskes
Publisher: Springer
ISBN: 1137079673
Category: Social Science
Page: 301
View: 2198

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China's infamous death penalty record is the product of firm Party-state control and policy-setting. Though during the 1980s and 1990s, the Party's emphasis was on "kill many," in the 2000s the direction of policy began to move toward "kill fewer." This book details the policies, institutions, and story behind the reform of the death penalty.

Legal Ethics

A Comparative Study
Author: Geoffrey C. Hazard,Angelo Dondi
Publisher: Stanford University Press
ISBN: 9780804748827
Category: Business & Economics
Page: 352
View: 3459

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Examining legal ethics within the framework of modern practice, this book identifies two important ethical issues that all lawyers confront: the difference between the role of lawyers and the role of judges in pursuing justice, and the conflicting responsibilities lawyers have to their clients and to the legal system more broadly. In addressing these issues, Legal Ethics provides an explanation of the duties and dilemmas common to practicing lawyers in modern legal systems throughout the world. The authors focus their analysis on lawyers in independent practice in modern capitalist constitutional regimes, including the United States, Japan, Europe, and Latin America, as well as the emerging legal systems in China and the former Soviet bloc, to develop connections between the legal profession and political systems based on the rule of law. They find that although ethical tension is inherent in the legal practice of all these societies, the legal profession is essential to stable political institutions.

Contracts in the People’s Republic of China

An outline of the Chinese law from the perspective of Europe and Hong-Kong
Author: Jacques H. Herbots
Publisher: Die Keure Publishing
ISBN: 9048632730
Category: Law
Page: 252
View: 4749

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A complete and well-documented review of contract law in China. This in-depth introduction to the law of contracts of Mainland China was written for Western lawyers who have contacts with the People’s Republic of China, for scholars and students of comparative law or of Sinology. As stated above the book is merely an introduction, not a technical legal treatise for specialised private lawyers. It is therefore useful for businessmen too. Without using stale language, this work also places the law of contractual obligations in an historical and socio-political context. It sketches, besides the general theory of contractual obligations and the provisions on the several specific contracts, the Chinese case law on international sales contracts, as well as the law on the dispute resolution. It can be said that with regard to the private law the book opens a window on the continental Chinese legal culture, as Zweigert and Kötz would call it. An essential handbook for all lawyers who wish to be fully involved in international relationships ABOUT THE AUTHOR Jacques H. Herbots devoted his PhD thesis to African law. Thereafter, for many years he taught contracts, obligations and comparative law at the renowned university of Louvain. Besides his main tasks as a professor, he kept feeling the pulse of the living law as a deputy judge, as an assessor in the Belgian Council of State and as a member of the High Council for the Judiciary. He is currently still arbitrator in the Belgian Centre for Arbitration and Mediation, and he was appointed to the panel of the CIETAC in Beijing. Ever since a visit to the People’s Republic in 1974, one may safely say he has been fascinated by the Empire of the Middle.

Internationalisierung des Rechts und seine ökonomische Analyse Internationalization of the Law and its Economic Analysis

Festschrift für Hans-Bernd Schäfer zum 65. Geburtstag
Author: Hans-Bernd Schäfer
Publisher: Springer-Verlag
ISBN: 9783835008779
Category: Business & Economics
Page: 767
View: 3653

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Die ökonomische Analyse des Rechts durchdringt heute sämtliche Rechtsgebiete, vom allgemeinen Zivilrecht über das Wirtschaftsrecht bis hin zu den verfassungsrechtlichen Grundlagen. Vor dem Hintergrund von Europäisierung und Internationalisierung des Rechts beschäftigen sich 59 namhafte Rechtswissenschaftler und Ökonomen aus 15 Ländern mit aktuellen Grundsatzfragen und künftigen Perspektiven der ökonomischen Analyse des Rechts. The interrelationship of law and economics has penetrated several areas of law, including general civil law, business law as well as constitutional law. 59 renowned legal scholars and economists of 15 countries discuss current fundamental issues in law and economics as well as its future perspectives. A special focus is placed on the Europeanisation and the internationalisation of the law.

Economic Analysis of Law in China


Author: Thomas Eger,Michael G. Faure,Naigen Zhang
Publisher: Edward Elgar Publishing
ISBN: 1847206972
Category: Law
Page: 324
View: 4887

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This book is an exemplary multi-disciplinary and multi-institutional study of contemporary Chinese law. A collective effort by a group of European and Chinese scholars, it skillfully tests the relationships between law and economics in the Chinese context. The China Journal This is an extremely valuable collection of essays on modern Chinese law viewed through the lens of the law and economics movement. China is developing very rapidly and law is now understood to provide the essential framework for economic development provided the law itself is economically rational. The essays in this volume are excellent examples of how economics can be used to clarify and guide the law applicable to the essential dimensions of the economy. I recommend it wholeheartedly and without reservations. Richard A. Posner, United States Court of Appeals for the Seventh Circuit and University of Chicago Law School, US This book brings together important applications of law and economics to China and covers a wide range of issues, including such basic concerns as property rights, intellectual property, and taxation, as well as competition law and corporate and securities law. Because of its breadth of coverage, its focus on the particulars of Chinese law, and the expertise of its scholars both Western and Chinese it should serve as a valuable reference work for years to come. Steven Shavell, Harvard Law School, US This book is an important step toward a Chinese scholarship in law and economics, written by leading law and economics researchers from China and Europe. Hans-Bernd Schaefer, Universität Hamburg, Germany In China everything is different, you cannot apply ordinary economics and the legal framework is idiosyncratic. In the course of time, such statements turned out to be prejudices, and the Eger/ Faure/ Zhang volume makes perfectly clear that, for instance, a law and economics approach can shed new light into the intricacies and complexities of Chinese institutional arrangements. Indeed, China creates new puzzles for economic and legal analysis. On the other hand, however, the Chinese need not invent the wheel anew and they do not try it. The book shows instances where a sophisticated law and economics approach can help to develop the legal framework which is appropriate for the transition from a planned into a market economy. The Chinese economic system is not (yet) a normal capitalist market economy, neither is the legal system adapted to a normal private property economy. Nevertheless the chapters of the book apply fruitfully law and economics theories and thus prove their general applicability. One of the outstanding achievements of the volume can be seen in the fact that it recruited more than half of its contributors with a Chinese background. They learn eagerly western approaches and they learn fast. And, of course, they have no problems with understanding Chinese culture and society. So the book combines most profitably the look from the outside and the look from within with a common theoretical framework. Hans-Jürgen Wagener, Europa Universität Viadrina, Germany This book comprises contributions on recent developments in China from a law and economics perspective. For the first time Chinese and European scholars jointly discuss some important attributes of China s legal and economic system, and some recent problems, from this particular viewpoint. The authors apply an economic analysis of law not only to general characteristics of China s social order, such as the specific type of federal competition, the efficiency of taxation and regulation, and the importance of informal institutions (Guanxi), but also to distinct areas of Chinese law such as competition policy, professional regulation, corporate governance and capital markets, oil pollution, intellectual property rights and internet games. The contributors discuss to what extent the law and economic models that have so far been employed within the context of deve