1st Edition

Chinese Law and Legal Theory



ISBN 9781840147353
Published July 27, 2001 by Routledge
568 Pages

USD $390.00

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Book Description

China's Confucian-based imperial legal system developed and flourished for more than 3000 years. Its disintegration, following the collapse of the last dynasty in 1911, ushered in a new century of legal experimentation, development and intermittent disorder. No single book could possibly offer a completely comprehensive discussion of every element of the rich and diverse system of Chinese law. However, the articles included in this volume illustrate the very best of English language academic scholarship in this area. They represent a collective introduction to the law and legal theory of China and provide a perceptive and well informed guide to a huge subject area of enormous depth and complexity.

Table of Contents

Contents: Theory and History; The inscrutable Occidental? Implications of Roberto Unger's uses and abuses of the Chinese past, William Alford; Legal pragmatism in the People's republic of China, Yu Xingzhong; Socialist legal theory in Deng Xiaoping's China, Carlos Wing-Hung Lo; The anatomy of rural family revolution: state, law and the family in rural China, 1949-1966, part I, Neil Diamant;The constitution of the People's Republic of China, William C. Jones; Ruling the country in accordance with the law: reflections on the rule and role of law in contemporary China, Randall Peerenboom; A 2nd Great Wall? China's post-Cultural Revolution project of legal construction, William P. Alford. Specific Issues: Sources of order in Chinese law, Perry Keller; Power and politics in the Chinese court system: the enforcement of civil judgements, Donald Clarke; Police powers and control in the People's Republic of China: the history of Shoushen, Kam C. Wong; Citizens V mandarins: administrative litigation in China, Minxin Pei; Legal person in China: essence and limits, Tingmei Fu; Legal and institutional uncertainties in the domestic contract law of the People's Republic of China, Daniel Rubinstein; Regulating labour relations in China: the challenge of adapting to the socialist market economy, Pitman B. Potter and Li Jianyong; Name index.

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Reviews

’This important and impressive volume anthologises fourteen previously published articles that deal with a wide variety of topics in the law of the People’s Republic of China (PRC)...the book...provid[es] an excellent beginning for lawyers and scholars who need to have a solid foundation in PRC law...this volume is a tour de force in the essentials of legal thinking about China.’ Hong Kong Law Journal '...Chinese Law: A Language Approach presents an innovative and thought provoking prism through which to think about law in China, past and present. LAWASIA Journal