Download or read book Comparative Law in a Global Context written by Werner F. Menski and published by Cambridge University Press. This book was released on 2006-03-30 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Law in Imperial China written by Derk Bodde and published by . This book was released on 1967-02-05 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Legal Orientalism written by Teemu Ruskola and published by Harvard University Press. This book was released on 2013-06-03 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day. The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.

Download or read book Comparative Law written by Rudolf B. Schlesinger and published by . This book was released on 1980 with total page 970 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Law and Policy for China s Market Socialism written by John Garrick and published by Routledge. This book was released on 2012 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines China's 'going out' policy by addressing the ways in which the underpinning legal reforms enable China to pursue its core interests and broad international responsibilities as a rising power. The contributors consider China's civil and commercial law reforms against the economic backdrop of an outflow of Chinese capital into strategic assets outside her own borders. This movement of capital has become an intriguing phenomenon for both ongoing economic reform and its largely unheralded underpinning law reforms.

Download or read book Introduction to Italian Public Law written by Giuseppe Franco Ferrari and published by Giuffrè Editore. This book was released on 2008 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Building Constitutionalism in China written by S. Balme and published by Springer. This book was released on 2009-09-28 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume unpacks the relationship between constitutionalism and judicial power in China. It explores how court behaviour intersects with - affects and is affected by - China's evolving notions of constitutionalism.

Download or read book Asian Discourses of Rule of Law written by Randall P. Peerenboom and published by Psychology Press. This book was released on 2004 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of law, one of the pillars of the modern world, has emerged in Western liberal democracies. This book considers how rule of law is viewed and implemented in the different cultural, economic and political context of Asia.

Download or read book Law and Memory written by Uladzislau Belavusau and published by Cambridge University Press. This book was released on 2017-10-19 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume revisits memory laws as a phenomenon of global law, transitional justice, historical narratives and claims for historical truth. It will appeal to those interested in the conflict between legal governance of memory with values of democratic citizenship, political pluralism, and fundamental rights.

Download or read book Protecting the Rights of Refugees Beyond European Borders written by Lisa Heschl and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In times of the proclaimed 'refugee crisis' this book aims to shed light on human rights and refugee law responsibilities of EU member states and other relevant actors when engaging in border control measures beyond the territory of the EU.

Download or read book Mao s Invisible Hand written by Sebastian Heilmann and published by BRILL. This book was released on 2020-10-26 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Observers have been predicting the demise of China’s political system since Mao Zedong’s death over thirty years ago. The Chinese Communist state, however, seems to have become increasingly adept at responding to challenges ranging from leadership succession and popular unrest to administrative reorganization, legal institutionalization, and global economic integration. What political techniques and procedures have Chinese policymakers employed to manage the unsettling impact of the fastest sustained economic expansion in world history?As the authors of these essays demonstrate, China’s political system allows for more diverse and flexible input than would be predicted from its formal structures. Many contemporary methods of governance have their roots in techniques of policy generation and implementation dating to the revolution and early PRC—techniques that emphasize continual experimentation. China’s long revolution had given rise to this guerrilla-style decisionmaking as a way of dealing creatively with pervasive uncertainty. Thus, even in a post-revolutionary PRC, the invisible hand of Chairman Mao—tamed, tweaked, and transformed—plays an important role in China’s adaptive governance."

Download or read book Understanding China s Legal System written by C. Stephen Hsu and published by NYU Press. This book was released on 2003-03 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation View the Table of Contents .nbsp;nbsp;nbsp;Read the Introduction .>

Download or read book Accessing Asylum in Europe written by Violeta Moreno Lax and published by Oxford Studies in European Law. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe is currently experiencing a migration crisis, demonstrated by millions of displaced people unseen since World War II. This book examines the interface between extraterritorial border and migration controls taken by EU member states, and the rights asylum seekers acquire from EU law.Control measures such as the enforcement of visas, fines on carriers transporting unsatisfactorily documented migrants, and interception at sea are investigated in detail in an effort to assess the impact these measures have on access to asylum in the EU. The book also explores the rights recognisedby the EU Charter of Fundamental Rights to persons in need of international protection, inclusive of the principle of non-removal to a place of persecution, the prohibition of ill-treatment, the right to asylum, and the right to effective judicial protection.The fundamental focus of the book is the relationship between the aforementioned border and migration controls and the rights of asylum seekers, and importantly, how these rights limit the nature of such control measures and the ways in which they are implemented. The ultimate goal of the book is toconclude whether the current series of extraterritorial mechanisms or pre-entry vetting is compatible in EU law with the rights of refugees and forced migrants.

Download or read book Global Legal History written by Joshua C. Tate and published by Routledge. This book was released on 2018-12-07 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together a group of international legal historians to further scholarship in different areas of comparative and regional legal history. Authors are drawn from Europe, Asia, and the Americas to produce new insights into the relationship between law and society across time and space. The book is divided into three parts: legal history and legal culture across borders, constitutional experiences in global perspective, and the history of judicial experiences. The three themes, and the chapters corresponding to each, provide a balance between public law and private law topics, and reflect a variety of methodologies, both empirical and theoretical. The volume highlights the gains that may be made by comparing the development of law in different countries and different time periods. The book will be of interest to an international readership in Legal History, Comparative Law, Law and Society, and History.

Download or read book Spatial and Temporal Dimensions for Legal History written by Massimo Meccarelli and published by Max Planck Institute for European Legal History. This book was released on 2016-07-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: http://dx.doi.org/10.12946/gplh6http://www.epubli.de/shop/buch/53894"The spatiotemporal conjunction is a fundamental aspect of the juridical reflection on the historicity of law. Despite the fact that it seems to represent an issue directly connected with the question of where legal history is heading today, it still has not been the object of a focused inquiry. Against this background, the book’s proposal consists in rethinking key confluences related to this problem in order to provide coordinates for a collective understanding and dialogue. The aim of this volume, however, is not to offer abstract methodological considerations, but rather to rely both on concrete studies, out of which a reflection on this conjunction emerges, as well as on the reconstruction of certain research lines featuring a spatiotemporal component. This analytical approach makes a contribution by providing some suggestions for the employment of space and time as coordinates for legal history. Indeed, contrary to those historiographical attitudes reflecting a monistic conception of space and time (as well as a Eurocentric approach), the book emphasises the need for a delocalized global perspective. In general terms, the essays collected in this book intend to take into account the multiplicity of the spatiotemporal confines, the flexibility of those instruments that serve to create chronologies and scenarios, as well as certain processes of adaptation of law to different times and into different spaces. The spatiotemporal dynamism enables historians not only to detect new perspectives and dimensions in foregone themes, but also to achieve new and compelling interpretations of legal history. As far as the relationship between space and law is concerned, the book analyses experiences in which space operates as a determining factor of law, e.g. in terms of a field of action for law. Moreover, it outlines the attempted scales of spatiality in order to develop legal historical research. With reference to the connection between time and law, the volume sketches the possibility of considering the factor of time, not just as a descriptive tool, but as an ascriptive moment (quasi an inner feature) of a legal problem, thus making it possible to appreciate the synchronic aspects of the ‘juridical experience’. As a whole, the volume aims to present spatiotemporality as a challenge for legal history. Indeed, reassessing the value of the spatiotemporal coordinates for legal history implies thinking through both the thematic and methodological boundaries of the discipline."

Download or read book A Place in History written by Michael Herzfeld and published by Princeton University Press. This book was released on 1991-10-27 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michael Herzfeld describes what happens when a bureaucracy charged with historic conservation clashes with a local populace hostile to the state and suspicious of tourism. Focusing on the Cretan town of Rethemnos, once a center of learning under Venetian rule and later inhabited by the Turks, he examines major questions confronting conservators and citizens as they negotiate the "ownership" of history: Who defines the past? To whom does the past belong? What is "traditional" and how is this determined? Exploring the meanings of the built environment for Rethemnos's inhabitants, Herzfeld finds that their interest in it has more to do with personal histories and the immediate social context than with the formal history that attracts the conservators. He also investigates the inhabitants' social practices from the standpoints of household and kin group, political association, neighborhood, gender ideology, and the effects of these on attitudes toward home ownership. In the face of modernity, where tradition is an object of both reverence and commercialism, Rethemnos emerges as an important ethnographic window onto the ambiguous cultural fortunes of Greece.

Download or read book The Enforcement of Law written by Robert McMurdy and published by . This book was released on 1914 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: