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Author: Yves Dezalay
Publisher: University of Chicago Press
ISBN: 0226144631
Category : History
Languages : en
Pages : 300
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Book Description
More than a decade ago, before globalization became a buzzword, Yves Dezalay and Bryant G. Garth established themselves as leading analysts of how that process has shaped the legal profession. Drawing upon the insights of Pierre Bourdieu, Asian Legal Revivals explores the increasing importance of the positions of the law and lawyers in South and Southeast Asia. Dezalay and Garth argue that the current situation in many Asian countries can only be fully understood by looking to their differing colonial experiences—and in considering how those experiences have laid the foundation for those societies’ legal profession today. Deftly tracing the transformation of the relationship between law and state into different colonial settings, the authors show how nationalist legal elites in countries such as India, Indonesia, Malaysia, the Philippines, Singapore, and South Korea came to wield political power as agents in the move toward national independence. Including fieldwork from over 350 interviews, Asian Legal Revivals illuminates the more recent past and present of these legally changing nations and explains the profession’s recent revival of influence, as spurred on by American geopolitical and legal interests.
Author: Yves Dezalay
Publisher: University of Chicago Press
ISBN: 0226144631
Category : History
Languages : en
Pages : 300
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Book Description
More than a decade ago, before globalization became a buzzword, Yves Dezalay and Bryant G. Garth established themselves as leading analysts of how that process has shaped the legal profession. Drawing upon the insights of Pierre Bourdieu, Asian Legal Revivals explores the increasing importance of the positions of the law and lawyers in South and Southeast Asia. Dezalay and Garth argue that the current situation in many Asian countries can only be fully understood by looking to their differing colonial experiences—and in considering how those experiences have laid the foundation for those societies’ legal profession today. Deftly tracing the transformation of the relationship between law and state into different colonial settings, the authors show how nationalist legal elites in countries such as India, Indonesia, Malaysia, the Philippines, Singapore, and South Korea came to wield political power as agents in the move toward national independence. Including fieldwork from over 350 interviews, Asian Legal Revivals illuminates the more recent past and present of these legally changing nations and explains the profession’s recent revival of influence, as spurred on by American geopolitical and legal interests.
Author: Lucy E. Salyer
Publisher: Univ of North Carolina Press
ISBN: 0807864315
Category : Law
Languages : en
Pages : 364
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Book Description
Focusing primarily on the exclusion of the Chinese, Lucy Salyer analyzes the popular and legal debates surrounding immigration law and its enforcement during the height of nativist sentiment in the early twentieth century. She argues that the struggles between Chinese immigrants, U.S. government officials, and the lower federal courts that took place around the turn of the century established fundamental principles that continue to dominate immigration law today and make it unique among branches of American law. By establishing the centrality of the Chinese to immigration policy, Salyer also integrates the history of Asian immigrants on the West Coast with that of European immigrants in the East. Salyer demonstrates that Chinese immigrants and Chinese Americans mounted sophisticated and often-successful legal challenges to the enforcement of exclusionary immigration policies. Ironically, their persistent litigation contributed to the development of legal doctrines that gave the Bureau of Immigration increasing power to counteract resistance. Indeed, by 1924, immigration law had begun to diverge from constitutional norms, and the Bureau of Immigration had emerged as an exceptionally powerful organization, free from many of the constraints imposed upon other government agencies.
Author: David B. Wilkins
Publisher: Cambridge University Press
ISBN: 110821102X
Category : Law
Languages : en
Pages :
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Book Description
This book provides the first comprehensive analysis of the impact of globalization on the Indian legal profession. Employing a range of original data from twenty empirical studies, the book details the emergence of a new corporate legal sector in India including large and sophisticated law firms and in-house legal departments, as well as legal process outsourcing companies. As the book's authors document, this new corporate legal sector is reshaping other parts of the Indian legal profession, including legal education, the development of pro bono and corporate social responsibility, the regulation of legal services, and gender, communal, and professional hierarchies with the bar. Taken as a whole, the book will be of interest to academics, lawyers, and policymakers interested in the critical role that a rapidly globalizing legal profession is playing in the legal, political, and economic development of important emerging economies like India, and how these countries are integrating into the institutions of global governance and the overall global market for legal services.
Author: Peter C.H. Chan
Publisher: Martinus Nijhoff Publishers
ISBN: 9004342397
Category : Law
Languages : en
Pages : 339
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Book Description
In Mediation in Contemporary Chinese Civil Justice, Peter Chan offers one of the most comprehensive analyses of the system of mediation of civil and commercial disputes in contemporary China. Based on extensive interviews with judges and a survey on in-court mediation covering 24 courts in China, the author seeks to answer a question that interests many legal scholars: Is it practically feasible for the mediation of civil disputes in China to take the shape of genuine alternative dispute resolution, rather than being used by the courts as a means to preserve social stability? The book looks beyond procedural rules and examines how judicial culture and beliefs shape the landscape of civil dispute resolution in China.
Author: N. Jansen Calamita
Publisher: Cambridge University Press
ISBN: 1009183656
Category : Law
Languages : en
Pages : 377
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Book Description
Investment treaties are said to improve the rule of law in the states which enter into them. Fearing claims, governments will internalise international investment obligations into their decision-making processes, resulting in positive spill-over effects on the rule of law. Such arguments have never been backed by empirical research. This book presents an analytical framework for thinking about the internalisation of international commitments in governmental decision making that takes account of the complexities of governance. In so doing, it provides a typology of processes whereby international treaty obligations may be internalised by governments and identifies factors which may affect whether and to what extent international commitments are internalised in governmental decision making. This framework serves as the background for the main body of the book in which empirical case studies address whether and how a select group of governments in Asia internalise international investment treaty obligations in their decision-making.
Author: Lisa Lowe
Publisher: Duke University Press
ISBN: 9780822318644
Category : Literary Criticism
Languages : en
Pages : 276
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Book Description
In Immigrant Acts, Lisa Lowe argues that understanding Asian immigration to the United States is fundamental to understanding the racialized economic and political foundations of the nation. Lowe discusses the contradictions whereby Asians have been included in the workplaces and markets of the U.S. nation-state, yet, through exclusion laws and bars from citizenship, have been distanced from the terrain of national culture. Lowe argues that a national memory haunts the conception of Asian American, persisting beyond the repeal of individual laws and sustained by U.S. wars in Asia, in which the Asian is seen as the perpetual immigrant, as the "foreigner-within." In Immigrant Acts, she argues that rather than attesting to the absorption of cultural difference into the universality of the national political sphere, the Asian immigrant--at odds with the cultural, racial, and linguistic forms of the nation--displaces the temporality of assimilation. Distance from the American national culture constitutes Asian American culture as an alternative site that produces cultural forms materially and aesthetically in contradiction with the institutions of citizenship and national identity. Rather than a sign of a "failed" integration of Asians into the American cultural sphere, this critique preserves and opens up different possibilities for political practice and coalition across racial and national borders. In this uniquely interdisciplinary study, Lowe examines the historical, political, cultural, and aesthetic meanings of immigration in relation to Asian Americans. Extending the range of Asian American critique, Immigrant Acts will interest readers concerned with race and ethnicity in the United States, American cultures, immigration, and transnationalism.
Author: E. Ann Black
Publisher: Cambridge University Press
ISBN: 1139495836
Category : Law
Languages : en
Pages : 429
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Book Description
The study of Asia and its plural legal systems is of increasing significance, both within and outside Asia. Lawyers, whether in Australia, America or Europe, or working within an Asian jurisdiction, require a sound knowledge of how the law operates across this fast-growing and diverse region. Law and Legal Institutions of Asia is the first book to offer a comprehensive assessment of eleven key jurisdictions in Asia - China, Hong Kong, Taiwan, Japan, Korea, Vietnam, Malaysia, Indonesia, Brunei Darussalam, Singapore and the Philippines. Written by academics and practitioners with particular expertise in their state or territory, each chapter uses a breakthrough approach, facilitating cross-jurisdictional comparisons and giving essential insights into how law functions in different ways across the region and in each of the individual jurisdictions.
Author: Sarah Biddulph
Publisher: Edward Elgar Publishing
ISBN: 1786433680
Category : Political Science
Languages : en
Pages : 759
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Book Description
This Handbook gives a wide-ranging account of the theory and practice of human rights in China, viewed against international standards, and China’s international engagements around human rights. The Handbook is organised into the following sections: contested meanings; international dimensions; economic and social rights; civil and political rights; rights in/action and access to justice; political dimensions of human rights in Greater China; and new frontiers.
Author: Po Jen Yap
Publisher: Cambridge University Press
ISBN: 1108851711
Category : Law
Languages : en
Pages : 311
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Book Description
This is the first book that focusses on how proportionality analysis – a legal transplant from the West – is applied by courts around Asia, and it explores how a country's commitment to democracy and the rule of law is fundamental to the success of the doctrine's judicial enforcement. This book will appeal to lawyers, political scientists, and students of law and political science who seek to understand how proportionality analysis is blossoming and, in some cases, flourishing in Asia.
Author: Helle Porsdam
Publisher: Cambridge University Press
ISBN: 1108478255
Category : Political Science
Languages : en
Pages : 323
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Book Description
The first serious, extended effort to use a human rights-based approach to address the scientific issues affecting society and the often-neglected human right to science.
