Download or read book Taiwan and International Human Rights written by Jerome A. Cohen and published by Springer. This book was released on 2019-05-16 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tells a story of Taiwan’s transformation from an authoritarian regime to a democratic system where human rights are protected as required by international human rights treaties. There were difficult times for human rights protection during the martial law era; however, there has also been remarkable transformation progress in human rights protection thereafter. The book reflects the transformation in Taiwan and elaborates whether or not it is facilitated or hampered by its Confucian tradition. There are a number of institutional arrangements, including the Constitutional Court, the Control Yuan, and the yet-to-be-created National Human Rights Commission, which could play or have already played certain key roles in human rights protections. Taiwan’s voluntarily acceptance of human rights treaties through its implementation legislation and through the Constitutional Court’s introduction of such treaties into its constitutional interpretation are also fully expounded in the book. Taiwan’s NGOs are very active and have played critical roles in enhancing human rights practices. In the areas of civil and political rights, difficult human rights issues concerning the death penalty remain unresolved. But regarding the rights and freedoms in the spheres of personal liberty, expression, privacy, and fair trial (including lay participation in criminal trials), there are in-depth discussions on the respective developments in Taiwan that readers will find interesting. In the areas of economic, social, and cultural rights, the focuses of the book are on the achievements as well as the problems in the realization of the rights to health, a clean environment, adequate housing, and food. The protections of vulnerable groups, including indigenous people, women, LGBT (lesbian, gay, bisexual, and transgender) individuals, the disabled, and foreigners in Taiwan, are also the areas where Taiwan has made recognizable achievements, but still encounters problems. The comprehensive coverage of this book should be able to give readers a well-rounded picture of Taiwan’s human rights performance. Readers will find appealing the story of the effort to achieve high standards of human rights protection in a jurisdiction barred from joining international human rights conventions. This book won the American Society of International Law 2021 Certificate of Merit in a Specialized Area of International Law.

Download or read book Legal Scholars and Scholarship in the People s Republic of China written by Nongji Zhang and published by Harvard University Press. This book was released on 2022-03-08 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive introduction to Chinese legal scholarship and the scholars who developed the new Communist legal system during the initial decades of the PRC when the old system was abolished by the newly established Communist government. Through their scholarship, we see where the field of Chinese legal studies came from and where it is going.

Download or read book To Steal a Book Is an Elegant Offense written by William P. Alford and published by Stanford University Press. This book was released on 1995 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This sweeping study examines the law of intellectual property in Chinese civilization from imperial days to the present. It uses materials drawn from law, the arts and other fields as well as extensive interviews with Chinese and foreign officials, business people, lawyers, and perpetrators and victims of "piracy."

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 Criminal Justice in China written by Klaus Mu_hlhahn and published by Harvard University Press. This book was released on 2009-04-30 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a groundbreaking work, Klaus Muhlhahn offers a comprehensive examination of the criminal justice system in modern China, an institution deeply rooted in politics, society, and culture. In late imperial China, flogging, tattooing, torture, and servitude were routine punishments. Sentences, including executions, were generally carried out in public. After 1905, in a drive to build a strong state and curtail pressure from the West, Chinese officials initiated major legal reforms. Physical punishments were replaced by fines and imprisonment. Capital punishment, though removed from the public sphere, remained in force for the worst crimes. Trials no longer relied on confessions obtained through torture but were instead held in open court and based on evidence. Prison reform became the centerpiece of an ambitious social-improvement program. After 1949, the Chinese communists developed their own definitions of criminality and new forms of punishment. People's tribunals were convened before large crowds, which often participated in the proceedings. At the center of the socialist system was reform through labor, and thousands of camps administered prison sentences. Eventually, the communist leadership used the camps to detain anyone who offended against the new society, and the crime of counterrevolution was born. Muhlhahn reveals the broad contours of criminal justice from late imperial China to the Deng reform era and details the underlying values, successes and failures, and ultimate human costs of the system. Based on unprecedented research in Chinese archives and incorporating prisoner testimonies, witness reports, and interviews, this book is essential reading for understanding modern China.

Download or read book The Futility of Law and Development written by Jedidiah Joseph Kroncke and published by Oxford University Press. This book was released on 2016 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text uses the Sino-American relationship to trace the decline of American legal cosmopolitanism from the Revolutionary era until today.

Download or read book East Asian Law written by Lucie Cheng and published by Routledge. This book was released on 2003-09-02 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work explores the tension in East Asia between the trend towards a convergence of legal practices in the direction of a universal model and a reassertion of local cultural practices. The trend towards convergence arises in part from 'globalisation', from 'rule of law programs' promulgated by institutions such as the International Monetary Fund and the Asian Development Bank, and from widespread migration in the region, whilst the opposing trend arises in part from moves to resist such 'globalisation'. This book explores a wide range of issues related to this key problem, covering China in particular, where resolving differences in conceptions about the rule of law is a key issue as China begins to integrate itself into the World Trade Organisation regime.

Download or read book Harvard Studies in East Asian Law written by and published by . This book was released on 1972 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book East Asian Law written by Lucie Cheng and published by Routledge. This book was released on 2003-09-02 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work explores the tension in East Asia between the trend towards a convergence of legal practices in the direction of a universal model and a reassertion of local cultural practices. The trend towards convergence arises in part from 'globalisation', from 'rule of law programs' promulgated by institutions such as the International Monetary Fund and the Asian Development Bank, and from widespread migration in the region, whilst the opposing trend arises in part from moves to resist such 'globalisation'. This book explores a wide range of issues related to this key problem, covering China in particular, where resolving differences in conceptions about the rule of law is a key issue as China begins to integrate itself into the World Trade Organisation regime.

Download or read book Studies in East Asian Law written by and published by . This book was released on 1973 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book China and the Law of the Sea Air and Environment written by Jeanette Greenfield and published by BRILL. This book was released on 1979 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Six Faces of Globalization written by Anthea Roberts and published by Harvard University Press. This book was released on 2021-09-28 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: An essential guide to the intractable public debates about the virtues and vices of economic globalization, cutting through the complexity to reveal the fault lines that divide us and the points of agreement that might bring us together. Globalization has lifted millions out of poverty. Globalization is a weapon the rich use to exploit the poor. Globalization builds bridges across national boundaries. Globalization fuels the populism and great-power competition that is tearing the world apart. When it comes to the politics of free trade and open borders, the camps are dug in, producing a kaleidoscope of claims and counterclaims, unlikely alliances, and unexpected foes. But what exactly are we fighting about? And how might we approach these issues more productively? Anthea Roberts and Nicolas Lamp cut through the confusion with an indispensable survey of the interests, logics, and ideologies driving these intractable debates, which lie at the heart of so much political dispute and decision making. The authors expertly guide us through six competing narratives about the virtues and vices of globalization: the old establishment view that globalization benefits everyone (win-win), the pessimistic belief that it threatens us all with pandemics and climate change (lose-lose), along with various rival accounts that focus on specific winners and losers, from China to AmericaÕs rust belt. Instead of picking sides, Six Faces of Globalization gives all these positions their due, showing how each deploys sophisticated arguments and compelling evidence. Both globalizationÕs boosters and detractors will come away with their eyes opened. By isolating the fundamental value conflictsÑgrowth versus sustainability, efficiency versus social stabilityÑdriving disagreement and show where rival narratives converge, Roberts and Lamp provide a holistic framework for understanding current debates. In doing so, they showcase a more integrative way of thinking about complex problems.

Download or read book Raising the Bar written by William P. Alford and published by Harvard East Asian Legal Studies. This book was released on 2007 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, China, Japan, Korea, Malaysia, and Indonesia have been engaged in unprecedented efforts to recast and rapidly expand the legal profession--with profound implications not only for law, but also for politics, international relations, and society itself. Raising the Bar is the first book-length study in English of this phenomenon. It examines a broad range of topics, including changes underway in the profession's size and composition, its evolving relationship to state authority, the outlet it may be providing for historically disadvantaged sectors of society, and its impact on economic and political development. The book also explores the implications of these findings for broader theoretical work about both the legal profession and globalization. Contributors include William Alford, Yves Dezalay, Bryant Garth, Ryo Hamano, JaeWon Kim, Toshimitsu Kitagawa, Daniel Lev, Benjamin Liebman, Setsuo Miyazawa, Luke Nottage, Sang-Hyun Song, and Jane Kaufman Winn.

Download or read book Heaven Has Eyes written by Xiaoqun Xu and published by Oxford University Press, USA. This book was released on 2020 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A history of Chinese law and justice from the imperial era to the post-Mao era, the book addresses the evolution and function of law codes and judicial practices in China's long history, and examines the transition from traditional laws and practices to their modern counterparts in the twentieth century and beyond. From the ancient times to the twenty-first century, there has been an enduring expectation or hope among the Chinese people that justice should and will be done in society, which is expressed in a popular Chinese saying, "Heaven has eyes." To the Chinese mind in the imperial era, justice was, and was to be achieved as, an alignment of Heavenly reason, state law, and human relations. Such a conception did not change until the turn of the twentieth century when Western-derived notions--natural rights, legal equality, the rule of law, judicial independence, and due process--came to replace the Confucian moral code of right and wrong, which was a fundamental shift in philosophical and moral principles that informed law and justice. The legal-judicial reform agendas since the beginning of the twentieth century (still ongoing today) stemmed from this change in the Chinese moral and legal thinking, but to materialize the said principles in everyday practices is a very different order of things that is much more difficult to accomplish, hence all the legal dramas including tragedies in the past one century or so. The book will lay out how and why that is the case"--

Download or read book China 1898 1912 written by Douglas R. Reynolds and published by BRILL. This book was released on 2020-04-06 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging most accounts of China's revolutionary transformation at the turn of the century, Douglas Reynolds argues that the political toppling of the Qing dynasty in 1911 was less important than the Xinzheng or "New System" reforms of the late-Qing government itself. He then provides a detailed account of the debt those reforms owed to Japan. For the Chinese, Japan offered models for major modern institutions; training for administrators, military officers and modern police; a shortcut to Western knowledge through translations from the Japanese; a ready-made modern vocabulary using Kanji or Chinese characters; and advisers and instructors in many fields. After establishing the broad areas in which China underwent a lasting and peaceful revolution during a "Golden Decade" of beneficial relations with its island neighbour, Reynolds recounts the activities of Chinese students in Japan and those of Japanese teachers and advisers in China. He examines the effect of translations from the Japanese on textbooks and general publishing; and outlines Chinese borrowings from Japanese Western-style institutions in education, the military, police and prisons, modern law, the judiciary, and constitutional government.

Download or read book The China Questions 2 written by Maria Adele Carrai and published by Harvard University Press. This book was released on 2022-08-30 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The China Questions 2 assembles top experts to explore key issues in US–China relations today, including conflict over Taiwan, economic and military competition, public health concerns, and areas of cooperation. Rejecting a new Cold War mindset, the authors call for dealing with the world’s most important bilateral relationship on its own terms.

Download or read book Chinese Justice written by Margaret Y. K. Woo and published by Cambridge University Press. This book was released on 2011-04-25 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyzes whether China's thirty years of legal reform have taken root in Chinese society by examining how ordinary citizens are using the legal system in contemporary China. It is an interdisciplinary look at law in action and at legal institutions from the bottom up, that is, beginning with those at the ground level that are using and working in the legal system. It explores the emergent Chinese conception of justice - one that seeks to balance Chinese tradition, socialist legacies and the needs of the global market. Given the political dimension of dispute resolution in creating, settling and changing social norms, this volume contributes to a greater understanding of political and social change in China today and of the process of legal reform generally.