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Asian Discourses of Rule of Law
Rule of law, one of the pillars of the modern world, has emerged in Western liberal democracies. This book considers how rule of law is viewed and implemented in the different cultural, economic and political context of Asia.
Human Rights in Asia
Human Rights in Asia considers how human rights are viewed and implemented in Asia. It covers not just civil and political rights, but also social, economic and cultural rights. This study discusses the problems arising from the fact that ideas of human rights have evolved in Western liberal democracies and examines how far such values are compatible with Asian values and applicable in Asian contexts. Core chapters on France and the USA provide a benchmark on how human rights have emerged and how they are applied and implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia plus India, each of which follows a common template to consider the context of the legal system in each country, black letter law, legal discussions and debates and key current issues concerning human rights in each jurisdiction.
China Modernizes
There are two sharply contrasting views of China. On the one hand a rising superpower predicted to have the largest economy in the world by mid century, on the other hand a brutal and authoritarian regime. So which China is the real China? This book addresses this question by exploring China's economy as well as it's legal system.
Judicial Independence in China
This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally.
Rule of Law Dynamics
This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
Law and Morality in Ancient China
Huang-Lao thought, a unique and sophisticated political philosophy which combines elements of Daoism and Legalism, dominated the intellectual life of late Warring States and Early Han China, providing the ideological foundation for post-Qin reforms. In the absence of extant texts, however, scholars of classical Chinese philosophy remained in the dark about this important school for over 2000 years. Finally, in 1973, archaeologists unearthed four ancient silk scrolls: the Silk Manuscripts of Huang-Lao. This work is the first detailed, book-length treatment in English of these lost treasures.
Comparative Constitutional Design
Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
Law, Wealth and Power in China
This book examines the law reforms of contemporary China in light of the Party-state’s ideological transformation and the political economy that shapes these reforms. This involves analysing three interrelated domains: law reform, power and wealth. The contributors to this volume employ a variety of perspectives and analytical techniques in their discussion of key themes including: commercial law reform and its governance of wealth and regulation of economic activity; the influence and authority of the Party-state over China’s economic activity; and the influence of wealth and the wealthy in economic governance and legal reform. Utilizing an interdisciplinary approach, this book presents...
Legal Reforms in China and Vietnam
Although the adoption of market reforms has been a key factor leading to China’s recent economic growth, China continues to be governed by a communist party and has a socialist-influenced legal system. Vietnam, starting later, also with a socialist-influenced legal system, has followed a similar reform path, and other countries too are now looking towards China and Vietnam as models for development. This book provides a comprehensive, comparative assessment of legal developments in China and Vietnam, examining similarities and differences, and raising important questions such as: Is there a distinctive Chinese model, and/or a more general East Asian Model? If so, can it be flexibly applied to social and economic conditions in different countries? If it cannot be applied to a culturally and politically similar country like Vietnam, is the model transportable elsewhere in the world? Combining ‘micro’ or interpretive methods with ‘macro’ or structural traditions, the book provides a nuanced account of legal reforms in China and Vietnam, highlighting the factors likely to promote, change or resist the spread of the Chinese model.
East Asian Law
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.
