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Law Codes In Dynastic China

Author: John Warren Head
Size: 34.33 MB
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In telling the story of Law Codes in Dynastic China, John Head and Yanping Wang offer a bird's eye view of Chinese legal history from the earliest dynasties to the last. They survey the majestic sweep of China's legal tradition by allowing the details to emerge from the works of many scholars and then connecting those details in a storyline that revolves around a unifying theme: legal codification. In this way, Law Codes in Dynastic China brings to life such characters as the Duke of Zhou, Confucius, Khubilai Khan, and dozens of other emperors, rebels, scholars, and eunuchs. The book also illuminates the great movements and philosophies of China — Imperial Confucianism, Legalism, correlative cosmology, Daoism, and others — all in order to reveal both the spirit and the practicalities of law in dynastic China.This new one-volume text will prove valuable not only for researchers in the areas of Chinese law, legal history, and Chinese history, but also for students in a variety of undergraduate and graduate programs and for legal practitioners whose work calls for them to have a historically-based understanding of China's legal culture. For all readers, the book provides comprehensive citation to authorities and sources for further study — with special emphasis on recent findings and translations. Moreover, for the general lay reader, the book offers a fascinating look at the intersection of three paths of literature and learning: law, history, and China. In doing so, it facilitates a broader appreciation of contemporary China as well.

Gl Ubigeranfechtung In China

Author: Knut Benjamin Pißler
Publisher: Mohr Siebeck
ISBN: 9783161496929
Size: 61.72 MB
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English summary: Knut Benjamin Pissler's objective is to answer the question of the origin of Chinese civil law as exemplified by the right of revocation, which enables the creditor to rescind certain acts of his debtor which would diminish the debtor's assets. The author compares Chinese law before the establishment of the PR China in 1949 with the right of revocation enacted in Chinese contract law in 1999. He also questions whether jurisprudence and the academic discussion in the Republic of China on Taiwan influences the legislation in the PR China, and shows that the codification of Chinese civil law has been influenced by German, French and Japanese law. However, legislation, jurisprudence and the academic discussion in China modified the foreign archetypes, leading to a right of revocation with distinct Chinese characteristics. Major questions on how to regulate this right were settled early in the Qing dynasty and are still visible in today's Chinese legal system. German description: Knut Benjamin Pissler geht anhand des Rechtsinstituts der Glaubigeranfechtung ausserhalb des Insolvenzverfahrens exemplarisch der Frage nach, welchen Ursprung Zivilrecht in China hat. Er vergleicht das Recht vor Grundung der Volksrepublik China im Jahr 1949 mit dem geltenden chinesischen Recht. Unterschiede sind zu erwarten, da die Arbeiten am Zivilrecht der Volksrepublik China und insbesondere am noch jungen Vertragsgesetz aus dem Jahr 1999 in einem anderen politischen und gesellschaftlichen Kontext vorgenommen wurden als die Bemuhungen um eine Zivilrechtskodifikation wahrend der Qing -Dynastiezwischen 1902 und 1911 und die Verabschiedung des Zivilgesetzes in den Jahren 1929 bis 1931.Andererseits hat das Zivilgesetz der Republik China keineswegs nur rechtshistorischen Wert: Es gilt weiterhin in Taiwan und bietet damit das Feld fur die Rechtsvergleichung zwischen zwei existierenden Rechtssystemen. Der Autor untersucht daher auch, ob und inwieweit die fruhe Kodifikation in der Republik China und die hiernach entstandene Rechtsprechung und Lehre auf das heutige Recht der Volksrepublik Einfluss nehmen.Es zeigt sich, dass zwar auslandische, insbesondere deutsche, franzosische und japanische Vorbilder bei der Kodifikation in China herangezogen wurden. Gesetzgebung, Rechtsprechung und Lehre haben diese aber mit chinesischen Besonderheiten versehen. Grundlegende Entscheidungen zur Regelung der Glaubigeranfechtung wurden dabei bereits in der Qing -Dynastiegetroffen und wirken bis heute fort.

Chinese Language In Law

Author: Deborah Cao
Publisher: Lexington Books
ISBN: 1498503969
Size: 63.80 MB
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This book explores the Chinese language used in law and analyzes the associated linguistic matters in both monolingual Chinese context and cross-linguistically. It investigates the linguistic and cultural landscape associated with Chinese law through an examination of a number of keywords and linguistic usages.

The Qing Dynasty And Traditional Chinese Culture

Author: Richard J. Smith
Publisher: Rowman & Littlefield
ISBN: 1442221941
Size: 79.36 MB
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The Qing dynasty (1636–1912)—a crucial bridge between “traditional” and “modern” China—was remarkable for its expansiveness and cultural sophistication. This engaging and insightful history of Qing political, social, and cultural life traces the complex interaction between the Inner Asian traditions of the Manchus, who conquered China in 1644, and indigenous Chinese cultural traditions. Noted historian Richard J. Smith argues that the pragmatic Qing emperors presented a “Chinese” face to their subjects who lived south of the Great Wall and other ethnic faces (particularly Manchu, Mongolian, Central Asian, and Tibetan) to subjects in other parts of their vast multicultural empire. They were attracted by many aspects of Chinese culture, but far from being completely “sinicized” as many scholars argue, they were also proud of their own cultural traditions and interested in other cultures as well. Setting Qing dynasty culture in historical and global perspective, Smith shows how the Chinese of the era viewed the world; how their outlook was expressed in their institutions, material culture, and customs; and how China’s preoccupation with order, unity, and harmony contributed to the civilization’s remarkable cohesiveness and continuity. Nuanced and wide-ranging, his authoritative book provides an essential introduction to late imperial Chinese culture and society.

China Cultural Heritage And International Law

Author: Hui Zhong
Publisher: Routledge
ISBN: 1351605690
Size: 45.59 MB
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China is a country that is rich in antiquities, but it is also a victim of looting that occurred during the period from the First Opium War to the end of the Japanese Occupation (1840–1945) when innumerable cultural objects were lost overseas. The Chinese Government insists on asserting its interest over its wrongfully removed cultural heritage and has sought for the return of lost cultural heritage by all means in accordance with relevant international conventions and Chinese laws. However, securing the return has been, and continues to be, problematic. Little research has been done regarding the question as to whether China has a legal basis for recovery, which is the first legal hurdle that China needs to get over. In addition, China does not have a legal basis for all cultural heritage taken during the period of 1840–1945. Claims for return without a legal basis are usually silenced or, at best, discussed only but very rarely facilitated. This book provides an answer for the return of Chinese cultural heritage. It examines the law contemporaneous to the removal of Chinese cultural heritage and its application. For this lack of a legal basis, this book argues that a new customary international law is emerging, according to which the interests of the states of origin in their wrongfully removed heritage should be prioritised. This proposed customary rule supports the return of wrongfully removed heritage. Once this proposed customary rule is accepted, it will provide a stronger argument not only for China, but also for other states of origin with a similar dilemma, including South Korea, Egypt, Greece, Cambodia, Turkey, Peru, and Italy, to recover their wrongfully removed heritage. While dealing with a large pool of return cases, this book is valuable to museums and art collectors in the event of buying and accepting art objects, and settling recovery disputes with states of origin. It will also be of interest to researchers, academics, policymakers, and students in the fields of cultural heritage law, international law, international trade, and human rights law.

Research Handbook On Transparency

Author: Padideh Ala’i
Publisher: Edward Elgar Publishing
ISBN: 1781007942
Size: 75.59 MB
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The expert contributors identify the goals, purposes and ramifications of transparency while presenting both its advantages and shortcomings. Through this framework, they explore transparency from a number of international and comparative perspectives.

The International Law Of Property

Author: John G. Sprankling
Publisher: OUP Oxford
ISBN: 0191502529
Size: 13.86 MB
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Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.

China S Legal Soul

Author: John Warren Head
Size: 78.42 MB
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This new look at Chinese law and society reflects the “triple anniversary” that 2009 will mark for Chinese law reform. In 1979, the People's Republic of China embarked on a dramatic new phase of legal transformation; thirty years before that, in 1949, Mao announced the creation of the PRC itself, another moment of legal reorientation; and thirty years before that, in 1919, the May Fourth Movement also had legal reform at its core, as thousands of protesters in Beijing erupted at the refusal Western powers to acknowledge that China's legal system was no longer inadequate and uncivilized. This claim––that China's legal system is inadequate and uncivilized in––remains in play today, particularly in respect of how China approaches the rule of law and human rights. Professor Head's new book (following his earlier work, Law Codes in Dynastic China) examines these issues by focusing on modern China's “legal soul”––by which he means the set of fundamental and animating legal principles or values that give a society its unique spirit and character. His lively and insightful comparison of contemporary Chinese law with dynastic Chinese law––readily accessible by (and written for) non-specialists––addresses these central questions: (1) what sort of a “rule of law” does today's Chinese legal system hope to achieve against its ages-old Legalist-Confucianist background; and (2) is there any modern correlative to the Imperial Confucianism that gave dynastic China its “legal soul,” or is today's China “soul-less,” as some would claim? In addressing these questions, Head insists on looking beyond easy assumptions and assertions found in much Western legal literature about China and its law; instead, he relies heavily on leading contemporary legal scholars at Chinese universities and their views on politics, constitutionalism, and rule of law in China.