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Political Reform In Post Mao China

Author: Barrett L. McCormick
Publisher: Univ of California Press
ISBN: 9780520067653
Size: 79.84 MB
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Since the death of Mao the leadership of the Chinese Communist Party has embarked on a series of ambitious political reforms. In his new book, Barrett McCormick develops a theory of Leninist states to explore the prospect for these reforms. He finds that, while significant economic and political gains have been made for the Chinese people, the basic contours of the state remain unchanged; and as events in June 1989 clearly showed, reform has not diminished the state's ability to impose its perogatives on society. Drawing on Weber's political sociology, McCormick argues that patronage and corruption are integral aspects of Leninist rulership. Reformers have attempted to promote democracy and law and to fight corruption, but when they attempt to implement their programs through traditional hierarchical Leninist institutions, lower-level cadres have been able to utilize patronage networks to blunt the impact of reform and protect their personal agenda. In his case studies of the legal system, the people's congress, and party rectification, McCormick points up these obstacles to progressive change and assesses the extent to which reformers' goals have been realized. He shows that, despite the often radical nature of the reform movements, the principal dimensions of the Leninist system--one party rule, state domination of the economy, a confining ideology--remain largely intact. These findings will be of interest to China specialists as well as students of comparative communism and Leninist states. Since the death of Mao the leadership of the Chinese Communist Party has embarked on a series of ambitious political reforms. In his new book, Barrett McCormick develops a theory of Leninist states to explore the prospect for these reforms. He finds that, while significant economic and political gains have been made for the Chinese people, the basic contours of the state remain unchanged; and as events in June 1989 clearly showed, reform has not diminished the state's ability to impose its perogatives on society. Drawing on Weber's political sociology, McCormick argues that patronage and corruption are integral aspects of Leninist rulership. Reformers have attempted to promote democracy and law and to fight corruption, but when they attempt to implement their programs through traditional hierarchical Leninist institutions, lower-level cadres have been able to utilize patronage networks to blunt the impact of reform and protect their personal agenda. In his case studies of the legal system, the people's congress, and party rectification, McCormick points up these obstacles to progressive change and assesses the extent to which reformers' goals have been realized. He shows that, despite the often radical nature of the reform movements, the principal dimensions of the Leninist system--one party rule, state domination of the economy, a confining ideology--remain largely intact. These findings will be of interest to China specialists as well as students of comparative communism and Leninist states.

Inside China S Legal System

Author: Chang Wang
Publisher: Chandos Publishing
ISBN: 0857094610
Size: 51.90 MB
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China’s legal system is vast and complex, and robust scholarship on the subject is difficult to obtain. Inside China’s Legal System provides readers with a comprehensive look at the system including how it works in practice, theoretical and historical underpinnings, and how it might evolve. The first section of the book explains the Communist Party’s utilitarian approach to law: rule by law. The second section discusses Confucian and Legalist views on morality, law and punishment, and the influence such traditional Chinese thinking has on contemporary Chinese law. The third section focuses on the roles of key players (including judges, prosecutors, lawyers, and legal academics) in the Chinese legal system. The fourth section offers Chinese legal case studies in civil, criminal, administrative, and international law. The book concludes with a comparison of China’s fundamental governing and legal principles with those of the United States, in such areas as checks and balances, separation of powers, and due process. Uses extensive legal materials and historical documents generally unavailable to Western based academics Gives insider knowledge, including first-hand experience teaching law, and close involvement with judges, attorneys, and law professors in China Analyses legal issues from historical and cultural perspectives holistically

Is International Law International

Author: Anthea Roberts
Publisher: Oxford University Press
ISBN: 0190696435
Size: 13.85 MB
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This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

Lawyers Practice And Ideals

Author: John J. Barceló
Publisher:
ISBN: 9789041193926
Size: 20.81 MB
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As the process of internationalization accelerates, comparative law scholars inevitably focus on the adaptation of legal cultures to new realities. It is particularly important, in the global world order as it stands today, to understand (as best we can) the `inner workings' of two groups of lawyers: those in the United States, and those in the major European countries. In which ways do the two groups understand each other, and where do they go their separate ways? And what are the implications for the legal profession and its beneficiaries of their cultural and ideological differences? At a symposium held in Paris twelve scholars from Europe and the United States met to investigate and clarify these issues under two intimately related rubrics: realities and trends on the one hand, and ethics, rules and professional ideologies on the other. The participants have updated their original papers for this publication. In the course of their discussion they reveal which cultural realities persist and are likely to remain, and which trends are broadening the common ground on which lawyers act in both cultures. The result is the sharpest delineation we have yet of this vital concern of current comparative law.