Modern Chinese Rules of Order


Book Description

The book addresses the issues of China's modern social order, as influenced by an evolving economic order and especially legal order. Ongoing Chinese modernisation is prompted by both domestic needs and WTO commitments, which includes both economic and legal reforms. Emphasis is placed on legal reforms, one of the most important areas of much needed reforms. The directional development of China's legal order has national, interregional and international implications, which affect the growth and prosperity of both China and the world's economy. A problem is an evolving inter-relationship between social order, economic order, and legal order, which can be described as either complementary or paradoxical. However, a paradoxical inter-relationship between these sources of order is problematic, because it effectively renders needed legal reforms that are increasingly more difficult to implement. This book explores both the complementary and paradoxical inter-relationship between these sources of order, the author proposes a "novel" and "viable" alternative for transplanting a more Western constitutional design in China.




Legal Orientalism


Book Description

Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day. The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.




When China Rules the World


Book Description

Greatly revised and expanded, with a new afterword, this update to Martin Jacques’s global bestseller is an essential guide to understanding a world increasingly shaped by Chinese power Soon, China will rule the world. But in doing so, it will not become more Western. Since the first publication of When China Rules the World, the landscape of world power has shifted dramatically. In the three years since the first edition was published, When China Rules the World has proved to be a remarkably prescient book, transforming the nature of the debate on China. Now, in this greatly expanded and fully updated edition, boasting nearly 300 pages of new material, and backed up by the latest statistical data, Martin Jacques renews his assault on conventional thinking about China’s ascendancy, showing how its impact will be as much political and cultural as economic, changing the world as we know it. First published in 2009 to widespread critical acclaim - and controversy - When China Rules the World: The End of the Western World and the Birth of a New Global Order has sold a quarter of a million copies, been translated into eleven languages, nominated for two major literary awards, and is the subject of an immensely popular TED talk.




Crime, Punishment and the Prison in Modern China


Book Description

This book is a richly textured social and cultural study exploring the profound effects and lasting repercussions of superimposing Western-derived models of repentance and rehabilitation on traditional categories of crime and punishment.




The Long Game


Book Description

For more than a century, no US adversary or coalition of adversaries - not Nazi Germany, Imperial Japan, or the Soviet Union - has ever reached sixty percent of US GDP. China is the sole exception, and it is fast emerging into a global superpower that could rival, if not eclipse, the United States. What does China want, does it have a grand strategy to achieve it, and what should the United States do about it? In The Long Game, Rush Doshi draws from a rich base of Chinese primary sources, including decades worth of party documents, leaked materials, memoirs by party leaders, and a careful analysis of China's conduct to provide a history of China's grand strategy since the end of the Cold War. Taking readers behind the Party's closed doors, he uncovers Beijing's long, methodical game to displace America from its hegemonic position in both the East Asia regional and global orders through three sequential "strategies of displacement." Beginning in the 1980s, China focused for two decades on "hiding capabilities and biding time." After the 2008 Global Financial Crisis, it became more assertive regionally, following a policy of "actively accomplishing something." Finally, in the aftermath populist elections of 2016, China shifted to an even more aggressive strategy for undermining US hegemony, adopting the phrase "great changes unseen in century." After charting how China's long game has evolved, Doshi offers a comprehensive yet asymmetric plan for an effective US response. Ironically, his proposed approach takes a page from Beijing's own strategic playbook to undermine China's ambitions and strengthen American order without competing dollar-for-dollar, ship-for-ship, or loan-for-loan.




Law and Politics in Modern China


Book Description

This is an original interdisciplinary study of Chinese law, its language, and political institution. Evolving within a complex literary framework over thousands of years, Chinese language has lost its conceptual distinctiveness to its multilevel and overlapping meanings and connotations. Chinese law has become inflated with contrary rulings and exceptions. This mass of rules requires an extra-lingual (legal) authority to redefine boundaries and specify applications. This book follows and continues the author's, The Boundaries of Meaning and the Formation of Law (McGill University Press) by illustrating how language shapes the formation, application, and administration of law in various cultural environments. Law and Politics in Modern China is an important book for those interested in Chinese history, culture, law, and politics. It also provides refreshing insights about the way that law continues to function after its language matures and creates contradictions and loopholes within its system of rules--one of the most important issues facing Western legal administration in the immediate future.




Ideological Conflict and the Rule of Law in Contemporary China


Book Description

This book studies ideological divisions within Chinese legal academia and their relationship to arguments about the rule of law. The book describes argumentative strategies used by Chinese legal scholars to legitimize and subvert China's state-sanctioned ideology. It also examines Chinese efforts to invent new, alternative rule of law conceptions. In addition to this descriptive project, the book advances a more general argument about the rule of law phenomenon, insisting that many arguments about the rule of law are better understood in terms of their intended and actual effects rather than as analytic propositions or descriptive statements. To illustrate this argument, the book demonstrates that various paradoxical, contradictory and otherwise implausible arguments about the rule of law play an important role in Chinese debates about the rule of law. Paradoxical statements about the rule of law, in particular, can be useful for an ideological project.




The Changing Legal Orders in Hong Kong and Mainland China: Essays on “One Country, Two Systems”


Book Description

This collection of selected works by Professor Albert H.Y. Chen shows the contours of the author’s scholarship as it developed over 35 years of his academic career, from 1984 to the present. The essays are divided into three sections which cover the three major domains of Professor Chen’s research. Part I covers the legal developments and controversies of “One Country, Two Systems” since the Hong Kong interpretation on “the right of abode” in 1999 to the anti-extradition movement of 2019. Part II shifts to focus on tradition and modernity in Chinese Law, including China’s Confucian and Legalist traditions and how the socialist legal system in China evolved and modernized in the era of “reform and opening”. Part III examines the transplantation of Western thinking and constitutionalism to East Asia in modern times and discusses the achievements and failures of these efforts. In conjunction with an introductory chapter that sets out the basic orientation and paradigm of these legal and constitutional studies and an epilogue that reflects on the main themes, this collection exemplifies the author’s important contributions to the field and provides insight into how the legal orders in Hong Kong and mainland China have changed over the course of Professor Chen’s academic career.




China’s Grand Strategy


Book Description

To explore what extended competition between the United States and China might entail out to 2050, the authors of this report identified and characterized China’s grand strategy, analyzed its component national strategies (diplomacy, economics, science and technology, and military affairs), and assessed how successful China might be at implementing these over the next three decades.