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: 5095

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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: 367

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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: 8976

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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.

Encyclopedia of Crime and Justice


Author: Joshua Dressler
Publisher: MacMillan Reference Library
ISBN: 9780028653204
Category: Criminal justice, Administration of
Page: 1780
View: 6906

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This interdisciplinary resource covers legal, sociological, psychological, historical and economic aspects of crime and justice worldwide. Entries cover civil and criminal issues, from domestic violence to terrorism. Entries cite pertinent legal cases as well as publications for further information. Also includes a glossary of related terms.

Comparative law

cases, text, materials
Author: Rudolf B. Schlesinger
Publisher: N.A
ISBN: N.A
Category: Law
Page: 890
View: 9994

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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: 2997

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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: 9861

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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.

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.

Realms of Freedom in Modern China


Author: William C. Kirby
Publisher: Stanford University Press
ISBN: 9780804752329
Category: History
Page: 396
View: 1732

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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: 6300

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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.

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: 6104

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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.

Grounds of Judgment

Extraterritoriality and Imperial Power in Nineteenth-Century China and Japan
Author: P?r Kristoffer Cassel
Publisher: Oxford University Press
ISBN: 0199924287
Category: History
Page: 272
View: 1315

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Perhaps more than anywhere else in the world, the nineteenth century encounter between East Asia and the Western world has been narrated as a legal encounter. Commercial treaties--negotiated by diplomats and focused on trade--framed the relationships among Tokugawa-Meiji Japan, Qing China, Choson Korea, and Western countries including Britain, France, and the United States. These treaties created a new legal order, very different than the colonial relationships that the West forged with other parts of the globe, which developed in dialogue with local precedents, local understandings of power, and local institutions. They established the rules by which foreign sojourners worked in East Asia, granting them near complete immunity from local laws and jurisdiction. The laws of extraterritoriality looked similar on paper but had very different trajectories in different East Asian countries. P?r Cassel's first book explores extraterritoriality and the ways in which Western power operated in Japan and China from the 1820s to the 1920s. In Japan, the treaties established in the 1850s were abolished after drastic regime change a decade later and replaced by European-style reciprocal agreements by the turn of the century. In China, extraterritoriality stood for a hundred years, with treaties governing nearly one hundred treaty ports, extensive Christian missionary activity, foreign controlled railroads and mines, and other foreign interests, and of such complexity that even international lawyers couldn't easily interpret them. Extraterritoriality provided the springboard for foreign domination and has left Asia with a legacy of suspicion towards international law and organizations. The issue of unequal treaties has had a lasting effect on relations between East Asia and the West. Drawing on primary sources in Chinese, Japanese, Manchu, and several European languages, Cassel has written the first book to deal with exterritoriality in Sino-Japanese relations before 1895 and the triangular relationship between China, Japan, and the West. Grounds of Judgment is a groundbreaking history of Asian engagement with the outside world and within the region, with broader applications to understanding international history, law, and politics.

Legal Ethics

A Comparative Study
Author: Geoffrey C. Hazard,Angelo Dondi
Publisher: Stanford University Press
ISBN: 9780804748827
Category: Business & Economics
Page: 352
View: 7011

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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.

Environmental Litigation in China

A Study in Political Ambivalence
Author: Rachel E. Stern
Publisher: Cambridge University Press
ISBN: 1107020026
Category: Law
Page: 300
View: 8972

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An account of everyday justice and the factors that shape it in the battle to seek legal relief for environmental pollution in China.

Religion, Law and Tradition

Comparative Studies in Religious Law
Author: Andrew Huxley
Publisher: Routledge
ISBN: 1136132503
Category: Language Arts & Disciplines
Page: 208
View: 6541

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This book brings together two scholarly traditions: experts in Roman, Jewish and Islamic law, an area where scholars tend to be familiar with work in each area, and experts in the legal traditions of South and East Asia, which have tended to be less interdisciplinary. The resulting mix produces new ways of looking at comparative law and legal history from a global perspective, and these essays contribute both to our understanding of comparative religion as well as comparative law.