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China’s rise to prosperity on the international stage has been accompanied by increased tensions with international standards of law and governance. Exporting Virtue? examines human rights as an example of China’s international assertiveness and considers the implications of internationalizing PRC human rights policy and practice. Pitman B. Potter suggests that in the absence of clear and enforceable global human rights standards, China has been free to pursue its political interests and policy initiatives. Couched in terms of virtue but manifested as authoritarianism, China’s international human rights activism invites scholars and policy makers around the world to engage critically with the issue. Drawing on both Chinese- and English-language sources, Exporting Virtue? investigates the challenges that China’s human rights orthodoxy poses to international norms and institutions, offering normative and institutional analysis and providing suggestions for policy response.
This book analyses the major features of the Chinese legal system, on the eve of its accession to the World Trade Organisation and will be essential reading for students and academics in the field of Chinese law.
In this compelling analysis, noted legal scholar Pitman Potter examines the ideals and practices of Chinas legal regime, in light of international standards and local conditions.
In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.
This volume assesses the evolving role of guanxi (social networks) in China's transforming society.
Building on extensive fieldwork in China and Indonesia, Hurst offers a valuable comparison of legal systems in practice.
This is the first full-length study in English of Peng Zhen (1902-97), a revolutionary comrade of Mao Zedong and Deng Xiaoping, and an influential legal policymaker in China during both men’s regimes. As one of the chief architects of PRC law and legal institutions during the 1950s and again in the 1980s, Peng left an indelible mark on the present legal system of China. This book analyzes the evolution of Peng’s legal views from his days as a revolutionary in the 1930s and 1940s, through his participation in Communist rule during the 1950s, to his conflicts with Mao and his purge in 1966, and finally to his rehabilitation and resumption of legal reform activities in the 1980s and 1990s. Initially, Peng embraced Leninist notions of law and political authority. These ideas gradually evolved so that in the 1980s Peng advocated increased reliance on formal rules and procedures as mechanisms of governance.
This volume outlines a new approach for understanding China's treaty performance around international standards on trade and human rights, using the paradigms of selective adaptation and institutional capacity. Selective adaptation reveals how local interpretation and implementation of international treaty standards are affected by normative perspectives derived from perception, complementarity, and legitimacy. Institutional capacity explains how operational dimensions of legal performance are affected by structural and relational dynamics of institutional purpose, location, orientation, and cohesion. The author also offers policy suggestions for more effective engagement with China on trade and human rights issues.
Examines the impact of social forces on the legal system and how the rules and orders promulgated by that legal system affect social behavior. Dr. Friedman explores the relationship between class structure and the work of legal systems in the light of the existing literature and analyzes the influence of the cultural elements contained in a legal system. In a comprehensive analysis of the concept of legal culture, the author sheds new light on the development of our legal norms and the types of legal systems which prevail in a democracy.
This book examines the linkages between the music and message of the Grateful Dead and the Christian gospel. The Grateful Dead emerged from the San Francisco “hippie” scene in the late 1960s, and offered a message of community and divine encounter. While the Dead drew on the teachings of many spiritual traditions, the band’s ethos echoed quite powerfully the wisdom of Christian Scripture. This reflection examines the ways in which the Grateful Dead embodied Christian teachings in areas of community, praise, and service. The Grateful Dead left an enduring legacy, whose power and longevity stem in significant part from the confluence of values between the Gospel and Grateful Dead.