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The Common Law In Two Voices

Author: Kwai Hang Ng
Publisher: Stanford University Press
ISBN: 0804772355
Size: 14.93 MB
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Hong Kong is one of the very few places in the world where the common law can be practiced in a language other than English. Introduced into the courtroom over a decade ago, Cantonese has significantly altered the everyday working of the common law in China's most Westernized city. In The Common Law in Two Voices, Ng explores how English and Cantonese respectively reinforce and undermine the practice of legal formalism. This first-ever ethnographic study of Hong Kong's unique legal system in the midst of social and political transition, this book provides important insights into the social nature of language and the work of institutions. Ng contends that the dilemma of legal bilingualism in Hong Kong is emblematic of the inherent tensions of postcolonial Hong Kong. Through the legal dramas presented in the book, readers will get a fresh look at the former British colony that is now searching for its identity within a powerful China.

Comparative Law Engaging Translation

Author: Simone Glanert
Publisher: Routledge
ISBN: 1135047472
Size: 41.84 MB
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In an era marked by processes of economic, political and legal integration that are arguably unprecedented in their range and impact, the translation of law has assumed a significance which it would be hard to overstate. The following situations are typical. A French law school is teaching French law in the English language to foreign exchange students. Some US legal scholars are exploring the possibility of developing a generic or transnational constitutional law. German judges are referring to foreign law in a criminal case involving an honour killing committed in Germany with a view to ascertaining the relevance of religious prescriptions. European lawyers are actively working on the creation of a common private law to be translated into the 24 official languages of the European Union. Since 2004, the World Bank has been issuing reports ranking the attractiveness of different legal cultures for doing business. All these examples raise in one way or the other the matter of translation from a comparative legal perspective. However, in today’s globalised world where the need to communicate beyond borders arises constantly in different guises, many comparatists continue not to address the issue of translation. This edited collection of essays brings together leading scholars from various cultural and disciplinary backgrounds who draw on fields such as translation studies, linguistics, literary theory, history, philosophy or sociology with a view to promoting a heightened understanding of the complex translational implications pertaining to comparative law, understood both in its literal and metaphorical senses.

Understanding Criminal Justice In Hong Kong

Author: Eric Wing Hong Chui
Publisher: Taylor & Francis
ISBN: 1317497309
Size: 16.86 MB
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In recent years law, crime and justice have become increasingly politicised in Hong Kong. Understanding Criminal Justice in Hong Kong, 2nd Edition offers a detailed and comprehensive overview of and introduction to the criminal justice system in Hong Kong, building upon recent events and controversies. This book provides a much-needed overview of the criminal justice system in Hong Kong, including new chapters on criminological research methods, defining crime, fear of crime, the criminal court system, police power and discretion, and plea bargaining. This revised and expanded second edition: Outlines the basic concepts of criminal law in Hong Kong, Analyses the process of the criminal justice system, ranging from the reporting of a crime through to the correctional system, Examines how criminal justice personnel work in practice, and how they deal with the offenders and victims during the criminal justice process, Invites readers to consider arguments and debates that surround the controversial issues in the Hong Kong criminal justice system. This book is a comprehensive resource for students studying this subject as part of a wider course in criminal justice, police studies, law or social work, and for practitioners working in Hong Kong in the police, prisons, probation, voluntary agencies and other criminal justice personnel. Text features include review questions, lists of cases cited, and useful websites.

Hong Kong S Constitutional Debate

Author: Johannes M.M. Chan
Publisher: Hong Kong University Press
ISBN: 9622095097
Size: 22.76 MB
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This book explores legal and constitutional issues in Hong Kong's relationship with mainland China through an analysis of the litigation on the right of abode of the children of Hong Kong residents who are born and live in the mainland. The litigation in the Hong Kong courts and the subsequent interpretation by the Standing Committee of the National People's Congress were followed with keen interest both locally and internationally, and had provoked great controversy. The differing approaches to and styles of interpretation of the Court and the Standing Committee provide a vivid demonstration of the clash of legal systems within which Hong Kong's constitutional system has to operate. These issues are discussed in this book by Hong Kong's leading legal scholars and practitioners. This book offers perspectives to solve these controversies and to develop an acceptable approach to the interpretation of the Basic Law. It captures the sustained public debate on constitutional issues and provides a historical record of this constitutional debate. It also contains the full texts of the decision of the Court and the Interpretation by the Standing Committee.

The Dynamics Of Beijing Hong Kong Relations

Author: Sonny Shiu-hing Lo
Publisher: Hong Kong University Press
ISBN: 9789622099081
Size: 67.96 MB
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This book critically assesses the implementation of the "one country, two systems" in the Hong Kong Special Administrative Region (HKSAR) from the political, judicial, legal, economic and societal dimensions. The author contends that there has been a gradual process of mainlandization of the HKSAR, meaning that Hong Kong is increasingly economically dependent on the People's Republic of China (PRC), politically deferent to the central government on the scope and pace of democratic reforms, socially more patriotic toward the motherland and more prone to media self-censorship, and judicially more vulnerable to the interpretation of the Basic Law by the National People's Congress. This book aims to achieve a breakthrough in relating the development of Hong Kong politics to the future of mainland China and Taiwan. By broadening the focus of the "one country, two systems" from governance to the process of Sino-British negotiations and their thrust-building efforts, this book argues that the diplomats from mainland China and Taiwan can learn from the ways in which Hong Kong's political future was settled in 1982–1984. This is a book for students, researchers, scholars, diplomats and lay people.

Embedded Courts

Author: Kwai Hang Ng
Publisher: Cambridge University Press
ISBN: 1108420494
Size: 18.59 MB
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A study of the decision-making process of Chinese courts and the non-legal forces and regional factors that influence judicial outcomes.

Cultural Sociology And Its Diversity

Author: Amy J Binder
Publisher: SAGE Publications, Incorporated
ISBN: 9781412969673
Size: 22.49 MB
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What is the cultural approach to sociology? Although there are many paths to understanding society, all branches of sociology integrate meaning. A cultural approach requires an intellectual sensitivity toward meaning, a way of putting emphasis on the human experience. Whether studying race and ethnicity or the sociology of economics, each realm of human activities studied by social scientists is cultural. Taking this meaning-centered approach, the editors of this special volume of The ANNALS have gathered a diverse group of culture-minded sociologists, whose work encompasses a wide spectrum of topics from the study of large institutions, such as the economy and the legal system, to small group interactions. The editors highlight the common cultural thread that runs through a wide repertoire of areas such as the arts, pop culture, organization, education, race and ethnicity, sexuality, science and technology, social inequalities, sociology of law, economic sociology, and microsociology. Students and scholars of all specialty subjects will find this synergetic volume of The ANNALS offers a unique collaborative approach and a clearer understanding of how to use culture in different sociological subfields – especially in the translation from the intellectual background of one subfield to another.

Asian Courts In Context

Author: Jiunn-rong Yeh
Publisher: Cambridge University Press
ISBN: 1107066085
Size: 40.55 MB
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Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.

Human Rights Southern Voices

Author: William Twining
Publisher: Cambridge University Press
ISBN: 0521113210
Size: 27.18 MB
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This anthology contains a variety of Southern perspectives on human rights and contemporary issues relating to Islam, African custom, constitution making and abuses of the language of human rights.