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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 ...
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Recently scholars have become increasingly aware that the study of Chinese law can provide new insight into the forces actually at work in Chinese society in different epochs. In an effort to encourage and facilitate the study of this subject, the thirteen essays of this volume deal with the methodology of studying the legal system of the People's Republic, describe the available research materials, and analyze the problems presented in making the materials of Chinese law intelligible to Western readers. They also review foreign works on Chinese law and explore the difficulties involved in translation and in comparing the Chinese system to our own and to that of the Soviet Union. Mr. Cohen's thoughtful introduction provides an excellent survey of the worldwide development of studies of Chinese law. It also delineates the nature of the essays that he and the eleven other scholars have contributed to the volume.
This volume represents the fruits of a preliminary inquiry into one aspect of contemporary Chinese law-the criminal process. Investigating what he calls China's "legal experiment," Mr. Cohen raises large questions about Chinese law. Is the Peoples Republic a lawless power, arbitrarily disrupting the lives of its people? Has it sought to attain Marx's vision of the ultimate withering away of the state and the law? Has Mao Zedong preferred Soviet practice to Marxist preaching? If so, has he followed Stalin or Stalin's heirs? To what extent has it been possible to transplant a foreign legal system into the world's oldest legal tradition? Has the system changed since 1949? What has been the dire...
In this volume of essays a group of scholars from Europe, Japan, the Republic of China, and the United States examines China's legal tradition to determine its importance for the study of both pre-modern China and of contemporary affairs. Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Collection of essays examining the ways in which humanity is enmeshed in its surroundings.
Stone maps the force, vivacity, and stories within our most mundane matter, stone. For too long stone has served as an unexamined metaphor for the “really real”: blunt factuality, nature’s curt rebuke. Yet, medieval writers knew that stones drop with fire from the sky, emerge through the subterranean lovemaking of the elements, tumble along riverbeds from Eden, partner with the masons who build worlds with them. Such motion suggests an ecological enmeshment and an almost creaturely mineral life. Although geological time can leave us reeling, Jeffrey Jerome Cohen argues that stone’s endurance is also an invitation to apprehend the world in other than human terms. Never truly inert, st...
Few Americans have done more than Jerome A. Cohen to advance the rule of law in East Asia. The founder of the study of Chinese law in the United States and a tireless advocate for human rights, Cohen has been a scholar, teacher, lawyer, and activist for more than sixty years. Moving among the United States, China, and Taiwan, he has encouraged legal reforms, promoted economic cooperation, mentored law students—including a future president of Taiwan—and brokered international crises. In this compelling, conversational memoir, Cohen recounts a dramatic life of striving for a better world from Washington, DC, to Beijing, offering vital first-hand insights from the study and practice of Sino...