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A Comparative Study of Chinese and Western Legal Language and Culture

Author : Falian Zhang

Publisher : Springer Nature

Page : 434 pages

File Size : 29,23 MB

Release : 2021-03-08

Category : Language Arts & Disciplines

ISBN : 9811593477

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Book Description

This book involves a variety of aspects and levels, including the diachronic and synchronic dimensions. Law profoundly affects our daily lives, but its language and culture can at times be nearly impossible to understand. As a comparative study of Chinese and Western legal language and legal culture, this book investigates the similarities and differences of both sides and identifies their respective advantages and disadvantages. Accordingly, it considers both social and cultural functions, and both theoretical and practical values. Firstly, the book addresses the differences, that is, the basic frameworks and disparities between the Chinese and Western legal languages and legal cultures. Secondly, it explores relevant changes over time, that is, the historical evolution and the basic driving forces that were at work before the Chinese and Western legal languages and cultures “met.” Lastly, the book elaborates on their fusion, that is, the conflicts and changes in Chinese and Western legal languages and cultures in China in the modern era, as well as the introduction, transplantation and transformation of Western legal culture.



Rethinking Unjust Enrichment

Author : Warren Swain

Publisher : Oxford University Press

Page : 401 pages

File Size : 23,97 MB

Release : 2024-02-29

Category : Law

ISBN : 0192874144

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Book Description

This inter-disciplinary volume brings together scholars from across the globe to challenge the dominant position of unjust enrichment and suggest more satisfactory alternatives. Rethinking Unjust Enrichment includes a broad range of voices from the UK, US, Australia, Canada, China, Singapore, Germany, Ireland, New Zealand, Hong Kong, and South America. The book includes voices of sceptics who think that the current unjust enrichment doctrine must be seriously qualified and others who think that it should be eliminated altogether. The contributions cast doubt on the various parameters of unjust enrichment from an analytical standpoint, representing four interrelated perspectives: history, sociology, doctrine, and theory. The four-limb structure of the book provides readers with a clear understanding of the current problems of unjust enrichment at the deepest levels of its history, sociological forces, doctrinal fallacies, and normative deficiencies. This treatment of the subject serves as the basis for a comprehensive reform across jurisdictions. Comprehensive and multi-faceted, Rethinking Unjust Enrichment is interesting to both sceptics and supporters of the unjust enrichment. It facilitates a critical and constructive dialogue between the two.



Legal Education in Asia

Author : Andrew J. Harding

Publisher : BRILL

Page : 374 pages

File Size : 15,53 MB

Release : 2017-11-20

Category : Business & Economics

ISBN : 9004349693

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Book Description

Legal education systems, like legal systems themselves, were framed across Asia without exception according to foreign models. These reflect the vestiges of colonialism, and can be said to amount to imitating the style and purposes of legal education typical in Western and relatively "pure" common law and civilian systems. Today, however, we see Asian legal education coming into its own and beginning to accept responsibility for designing curricula and approaches that fit the region’s particular needs. This book explores how conventional "transplanted" approaches as regards program design as well as modes of teaching are, or are on the cusp of being, reimagined and discerns emerging home-grown traces of innovation replacing imitation in countries and universities across East Asia.



中西法律语言与文化对比研究

Author : 张法连

Publisher : BEIJING BOOK CO. INC.

Page : 856 pages

File Size : 30,22 MB

Release : 2020-08-06

Category : Law

ISBN :

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Book Description

本书分为“中西法律语言对比”和“中西法律文化对比”两大部分。前者涵盖了第一章到第五章的内容，具体包括对于语言的功能和特征，法律与语言之间的关系，法律语言的分类和特征等方面的研究。后者涵盖了第六章到第二十章的内容，具体包括文化的功能和分类，法律文化的界定和分类等方面的内容。



Chinese Law

Author : Deborah Cao

Publisher : Routledge

Page : 234 pages

File Size : 30,31 MB

Release : 2017-03-02

Category : Law

ISBN : 1351951971

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Book Description

Studying Chinese law from a linguistic and communicative perspective, this book examines meaning and language in Chinese law. It investigates key notions and concepts of law, the rule of law, and rights and their evolutionary meanings. It examines the linguistic usage and textual features in Chinese legal texts and legal translation, and probes the lawmaking process and the Constitution as speech act and communicative action. Taking a cross-cultural approach, the book applies major Western philosophical thought to Chinese law, in particular the ideas concerning language and communication by such major thinkers as Peirce, Whorf, Gadamer, Habermas, Austin and Searle. The focus of the study is contemporary People's Republic of China; however, the study also traces and links the inherited and introduced cultural and linguistic values and configurations that provide the context in which modern Chinese law operates.



The New Legal Order in Hong Kong

Author : Raymond Wacks

Publisher : Hong Kong University Press

Page : 710 pages

File Size : 16,42 MB

Release : 1999-11-01

Category : Law

ISBN : 9622095070

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Book Description

As Hong Kong enters its third year under Chinese rule, the prognosis for the common law remains uncertain. Can the improbable doctrine of 'one country, two systems' be made to work? Will the political controversies that continue to bedevil the territory undermine the rule of law and the integrity of the legal order? The 21 essays in this important new collection consider these, and many other, questions. The first part examines several problems that lie at the heart of the Basic Law's promise of legal continuity. Hong Kong's economic order and its legal buttresses are analysed in Part 2, while the essays in Part 3 trace the shifts in social values as reflected both in Chinese and Hong Kong law. Though they embrace a wide area, the contributions to this volume suggest that, while many problems lie ahead, Hong Kong's law and legal system seem adequately entrenched to endure well into the future. Raymond Wacks is Professor of Law and Legal Theory at the University of Hong Kong. He is an international authority on the legal protection of privacy, and has also published widely in the field of legal theory. Professor Wacks has edited several books on Hong Kong law and human rights. His recent books include Privacy and Press Freedom (1995). The fifth edition of his text, Jurisprudence will appear in early 2000. “(B)y far the most comprehensive study of the post-1997 legal order I have come across, covering nearly all the subjects which the Basic Law touches upon... (I)t contains much insightful analysis of the historical development and future issues surrounding each topic... A very valuable contribution to scholarship... Far more importantly, there is no collection that comes close to such an array of good analysis on so many topics.” — Anthony Neoh, SC, Visiting Professor, Peking University



Interdisciplinary Comparative Law

Author : Husa, Jaakko

Publisher : Edward Elgar Publishing

Page : 256 pages

File Size : 30,58 MB

Release : 2022-05-17

Category : Law

ISBN : 1802209786

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Book Description

This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This insightful and timely book introduces an explanatory theory for surveying global and international politics. Describing the nature and effects of democracy beyond the state, Hans Agné explores peace and conflict, migration politics, resource distribution, regime effectiveness, foreign policy and posthuman politics through the lens of democratism to both supplement and challenge established research paradigms.



Tradition of the Law and Law of the Tradition

Author : Xin Ren

Publisher : Bloomsbury Publishing USA

Page : 198 pages

File Size : 41,3 MB

Release : 1997-03-25

Category : Law

ISBN : 0313370109

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Book Description

Traditionally, social theorists in the West have structured models of state social control according to the tenet that socialization is accomplished by means of external controls on behavior: undesirable actions are punished and desirable actions result either in material reward or a simple respite from the oppressive attentions of an authoritarian state. In this volume, the author presents the tradition of law in China as an exception to the Western model of social control. The Confucian bureaucracy that has long structured Chinese social life melded almost seamlessly with the Maoist revolutionary agenda to produce a culture in which collectivism and an internalized adherence to social law are, in some respects, congenital features of Chinese social consciousness. Through her investigation of the Maoist concept of revolutionary justice and the tradition of conformist acculturation in China, the author constructs a fascinating counterpoint to traditional Western arguments about social control.



The Right to Leave and Return and Chinese Migration Law

Author : Guofu Liu

Publisher : BRILL

Page : 448 pages

File Size : 15,89 MB

Release : 2007-01-31

Category : Law

ISBN : 9047411854

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Book Description

Although the Right to Leave and Return (RLR) is a fundamental human right, each State has the sovereign right to regulate RLR in accordance with its own laws. In the case of China, the country’s communist political system has significantly affected the development of RLR and the country’s approach to it. As a rule, China’s approach is restrictive. As part of its reform and ‘opening up’ policies, China has embarked on a range of reforms to liberalise RLR, but the reforms lack cohesion and focus, and remain restrictive. Given its past and its complex social and economic conditions, China may have some justifications for its approach, but on balance, has more to gain from adopting a more liberal approach. The issue of RLR in China is crucial both for the future of China, and for development of RLR in the world. The Right to Leave and Return (RLR) and Chinese Migration Law provides a comprehensive and systematic review of the RLR in international and Chinese migration law. It has been written on the basis of Chinese statutes pertinent to the RLR, also of relevant international instruments and key cases. It investigates RLR in international migration law and practice; analyses RLR in the context of China, and identifies its driving factors; investigates the conditions and practical concerns relevant to the protection of RLR; and concludes with recommendations on how the Chinese regulatory regime governing RLR can be improved.



The Geography of Thought

Author : Richard Nisbett

Publisher : Hachette UK

Page : 295 pages

File Size : 39,75 MB

Release : 2011-01-11

Category : Psychology

ISBN : 1857884191

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Book Description

When Richard Nisbett showed an animated underwater scene to his American students, they zeroed in on a big fish swimming among smaller fish. Japanese subjects, on the other hand, made observations about the background environment...and the different "seeings" are a clue to profound underlying cognitive differences between Westerners and East Asians. As Professor Nisbett shows in The Geography of Thought people actually think - and even see - the world differently, because of differing ecologies, social structures, philosophies, and educational systems that date back to ancient Greece and China, and that have survived into the modern world. As a result, East Asian thought is "holistic" - drawn to the perceptual field as a whole, and to relations among objects and events within that field. By comparison to Western modes of reasoning, East Asian thought relies far less on categories, or on formal logic; it is fundamentally dialectic, seeking a "middle way" between opposing thoughts. By contrast, Westerners focus on salient objects or people, use attributes to assign them to categories, and apply rules of formal logic to understand their behaviour.