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: 6129

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Legal Traditions of the World

Sustainable Diversity in Law
Author: H. Patrick Glenn
Publisher: Oxford University Press, USA
ISBN: 0199580804
Category: Law
Page: 418
View: 1007

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'a superb book' J South Pacific L --

The Mediation Process

Practical Strategies for Resolving Conflict
Author: Christopher W. Moore
Publisher: John Wiley & Sons
ISBN: 1118421523
Category: Law
Page: 704
View: 4236

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

Chinese Law and Justice

Trends Over Three Decades
Author: Hungdah Chiu,University of Maryland at Baltimore. School of Law,Maryland International Law Society
Publisher: Occasional Papers Reprints
ISBN: N.A
Category: Law
Page: 34
View: 6032

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Legal Reform and Administrative Detention Powers in China


Author: Sarah Biddulph
Publisher: Cambridge University Press
ISBN: 113946809X
Category: Law
Page: N.A
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Using a conceptual framework, this 2007 book examines the processes of legal reform in post-socialist countries such as China. Drawing on Bourdieu's concept of the 'field', the increasingly complex and contested processes of legal reform are analysed in relation to police powers. The impact of China's post-1978 legal reforms on police powers is examined through a detailed analysis of three administrative detention powers: detention for education of prostitutes; coercive drug rehabilitation; and re-education through labour. The debate surrounding the abolition in 1996 of detention for investigation (also known as shelter and investigation) is also considered. Despite over 20 years of legal reform, police powers remain poorly defined by law and subject to minimal legal constraint. They continue to be seriously and systematically abused. However, there has been both systematic and occasionally dramatic reform of these powers. This book considers the processes which have made these legal changes possible.

The People's Law Review


Author: Ralph E. Warner
Publisher: Addison Wesley Publishing Company
ISBN: N.A
Category: Law
Page: 359
View: 563

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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.

Lawyers' Practice and Ideals

A Comparative View
Author: John J. Barceló,Roger C. Cramton
Publisher: N.A
ISBN: 9789041193926
Category: Law
Page: 404
View: 441

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As the process of internationalization accelerates, comparative law scholars inevitably focus on the adaptation of legal cultures to new realities. It is particularly important, in the global world order as it stands today, to understand (as best we can) the `inner workings' of two groups of lawyers: those in the United States, and those in the major European countries. In which ways do the two groups understand each other, and where do they go their separate ways? And what are the implications for the legal profession and its beneficiaries of their cultural and ideological differences? At a symposium held in Paris twelve scholars from Europe and the United States met to investigate and clarify these issues under two intimately related rubrics: realities and trends on the one hand, and ethics, rules and professional ideologies on the other. The participants have updated their original papers for this publication. In the course of their discussion they reveal which cultural realities persist and are likely to remain, and which trends are broadening the common ground on which lawyers act in both cultures. The result is the sharpest delineation we have yet of this vital concern of current comparative law.

Inside China's Legal System


Author: Chang Wang,Nathan Madson
Publisher: Chandos Publishing
ISBN: 0857094610
Category: Law
Page: 390
View: 7408

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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

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
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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.

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: 2809

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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.

Arbitration in China

A Legal and Cultural Analysis
Author: Kun Fan
Publisher: Bloomsbury Publishing
ISBN: 1782250735
Category: Law
Page: 366
View: 4710

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In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still influence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial markets? How are the new economic powers reacting to the trend towards harmonisation? China provides a good case study, with its historic tradition of non-confrontational means of dispute resolution now confronting current trends in transnational arbitration. Is China showing signs of adapting to the current trend of transnational arbitration? On the other hand, will Chinese legal culture influence the practice of arbitration in the rest of the world? To address these challenging questions it is necessary to examine the development of arbitration in the context of China's changing cultural and legal structures. Written for international business people, lawyers, academics and students, this book gives the reader a unique insight into arbitration practice in China, based on a combination of theoretical analysis and practical insights. It explains contemporary arbitration in China from an interdisciplinary perspective and with a comparative approach, setting Chinese arbitration in its wider social context to aid understanding of its history, contemporary practice, the legal obstacles to modern arbitration and possible future trends. In 2011 the thesis on which this book was based was named 'Best Thesis in International Studies' by the Swiss Network for International Studies. "What distinguishes this work from other books on international arbitration is its interdisciplinary perspective and comparative approach...this book makes a remarkable contribution to the understanding of arbitration in China and transnational arbitration in general. Academics, scholars and students of international arbitration, comparative studies and globalisation may all find this book stimulating. It also provides useful guidance for practitioners involved or interested in arbitration in China.?? From the Foreword by Gabrielle Kaufmann-Kohler

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: 1517

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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.

Is International Law International?


Author: Anthea Roberts
Publisher: Oxford University Press
ISBN: 0190696435
Category: Law
Page: 304
View: 3673

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This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

Realms of Freedom in Modern China


Author: William C. Kirby
Publisher: Stanford University Press
ISBN: 9780804752329
Category: History
Page: 396
View: 8000

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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: 458

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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.

Understanding China's Legal System

Essays in Honor of Jerome A. Cohen
Author: C. Stephen Hsu
Publisher: NYU Press
ISBN: 9780814736531
Category: Law
Page: 426
View: 9722

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Annotation View the Table of Contents .nbsp;nbsp;nbsp;Read the Introduction .>

Legal Lexicography

A Comparative Perspective
Author: Máirtín Mac Aodha
Publisher: Routledge
ISBN: 1317106180
Category: Law
Page: 360
View: 7286

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Legal lexicography or jurilexicography is the most neglected aspect of the discipline of jurilinguistics, despite its great relevance for translators, academics and comparative lawyers. This volume seeks to bridge this gap in legal literature by bringing together contributions from ten jurisdictions from leading experts in the field. The work addresses aspects of legal lexicography, both monolingual and bilingual, in its various manifestations in both civilian and common law systems. It thus compares epistemic approaches in a subject that is inextricably bound up with specific legal systems and specific languages. Topics covered include the history of French legal lexicography, ordinary language as defined by the courts, the use of law dictionaries by the judiciary, legal lexicography and translation, and a proposed multilingual dictionary for the EU citizen. While the majority of contributions are in English, the volume includes three written in French. The collection will be a valuable resource for both scholars and practitioners engaging with language in the mechanism of the law.

The Principle of Effective Legal Protection in Administrative Law

A European Perspective
Author: Zoltán Szente,Konrad Lachmayer
Publisher: Routledge
ISBN: 1317019245
Category: Law
Page: 400
View: 3767

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This collection presents a comparative analysis of the principle of effective legal protection in administrative law in Europe. It examines how European states consider and enforce the related requirements in their domestic administrative law. The book is divided into three parts: the first comprises a theoretical introductory chapter along with perspectives from International and European Law; part two presents 15 individual country reports on the principle of effective legal protection in mostly EU member states. The core function of the reports is to provide an analysis of the domestic instruments and procedures. Adopting a contextual approach, they consider the historical, political and legal circumstances as well as analysing the relevant case law of the domestic courts; the third part provides a comparative analysis of the country reports. The final chapter assesses the influence and relevance of EU law and the ECHR. The book thus identifies the most important trends and makes a valuable contribution to the debate around convergence and divergence in European national administrative systems.