Legal Transplantation in Early Twentieth-Century China PDF Download
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Author: Michael H. K. Ng
Publisher: Routledge
ISBN: 1317674960
Category : History
Languages : en
Pages : 189
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Book Description
"Practicing law" has a dual meaning in this book. It refers to both the occupational practice of law and the practicing of transplanted laws and institutions to perfect them. The book constitutes the first monographic work on the legal history of Republican Beijing, and provides an in-depth and comprehensive account of the practice of law in the city of Beijing during a period of social transformation. Drawing upon unprecedented research using archived records and other primary materials, it explores the problems encountered by Republican Beijing’s legal practitioners, including lawyers, policemen, judges and criminologists, in applying transplanted laws and legal institutions when they were inapplicable to, incompatible with, or inadequate for resolving everyday legal issues. These legal practitioners resolved the mismatch, the author argues, by quite sensibly assimilating certain imperial laws and customs and traditional legal practices into the daily routines of the recently imported legal institutions. Such efforts by indigenous legal practitioners were crucial in, and an integral part of, the making of legal transplantation in Republican Beijing. This work not only makes significant contributions to scholarship on the legal history of modern China, but also offers insights into China’s quest for modernization in its first wave of legal globalization. It is thus of great value to legal historians, comparative legal scholars, specialists in Chinese law and China studies, and lawyers and law students with an interest in Chinese legal history.
Author: Michael H. K. Ng
Publisher: Routledge
ISBN: 1317674960
Category : History
Languages : en
Pages : 189
Get Book Here
Book Description
"Practicing law" has a dual meaning in this book. It refers to both the occupational practice of law and the practicing of transplanted laws and institutions to perfect them. The book constitutes the first monographic work on the legal history of Republican Beijing, and provides an in-depth and comprehensive account of the practice of law in the city of Beijing during a period of social transformation. Drawing upon unprecedented research using archived records and other primary materials, it explores the problems encountered by Republican Beijing’s legal practitioners, including lawyers, policemen, judges and criminologists, in applying transplanted laws and legal institutions when they were inapplicable to, incompatible with, or inadequate for resolving everyday legal issues. These legal practitioners resolved the mismatch, the author argues, by quite sensibly assimilating certain imperial laws and customs and traditional legal practices into the daily routines of the recently imported legal institutions. Such efforts by indigenous legal practitioners were crucial in, and an integral part of, the making of legal transplantation in Republican Beijing. This work not only makes significant contributions to scholarship on the legal history of modern China, but also offers insights into China’s quest for modernization in its first wave of legal globalization. It is thus of great value to legal historians, comparative legal scholars, specialists in Chinese law and China studies, and lawyers and law students with an interest in Chinese legal history.
Author: Michael H. K. Ng
Publisher: Routledge
ISBN: 1317674952
Category : History
Languages : en
Pages : 181
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Book Description
"Practicing law" has a dual meaning in this book. It refers to both the occupational practice of law and the practicing of transplanted laws and institutions to perfect them. The book constitutes the first monographic work on the legal history of Republican Beijing, and provides an in-depth and comprehensive account of the practice of law in the city of Beijing during a period of social transformation. Drawing upon unprecedented research using archived records and other primary materials, it explores the problems encountered by Republican Beijing’s legal practitioners, including lawyers, policemen, judges and criminologists, in applying transplanted laws and legal institutions when they were inapplicable to, incompatible with, or inadequate for resolving everyday legal issues. These legal practitioners resolved the mismatch, the author argues, by quite sensibly assimilating certain imperial laws and customs and traditional legal practices into the daily routines of the recently imported legal institutions. Such efforts by indigenous legal practitioners were crucial in, and an integral part of, the making of legal transplantation in Republican Beijing. This work not only makes significant contributions to scholarship on the legal history of modern China, but also offers insights into China’s quest for modernization in its first wave of legal globalization. It is thus of great value to legal historians, comparative legal scholars, specialists in Chinese law and China studies, and lawyers and law students with an interest in Chinese legal history.
Author: Yun Zhao
Publisher: Cambridge University Press
ISBN: 110718200X
Category : Law
Languages : en
Pages : 327
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Book Description
A critical evaluation of the latest reform in Chinese law that engages legal scholarship with research of Chinese legal historians.
Author: Susan Bartie
Publisher: NYU Press
ISBN: 1479803642
Category : Law
Languages : en
Pages : 421
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Book Description
A critical history of the Americanization of legal education in fourteen countries The second half of the twentieth century witnessed the export of American power—both hard and soft—throughout the world. What role did US cultural and economic imperialism play in legal education? American Legal Education Abroad offers an unprecedented and surprising picture of the history of legal education in fourteen countries beyond the United States. Each study in this book represents a critical history of the Americanization of legal education, reexamining prevailing narratives of exportation, transplantation, and imperialism. Collectively, these studies challenge the conventional wisdom that American ideas and practices have dominated globally. Editors Susan Bartie and David Sandomierski and their contributors suggest that to understand legal education and to respond thoughtfully to the mounting present-day challenges, it is essential to look beyond a particular region and consider not only the ideas behind legal education but also the broader historical, political, and cultural factors that have shaped them. American Legal Education Abroad begins with an important foundational history by leading Harvard Law School historian Bruce Kimball, who explains the factors that created a transportable American legal model, and the book concludes with reflections from two prominent American law professors, Susan Carle and Bob Gordon, whose observations on recent disruptions within US law schools suggest that their influence within the global order of legal education may soon fall into further decline. This book should be considered an invaluable resource for anyone in the field of law.
Author: Daniel Asen
Publisher: Cambridge University Press
ISBN: 1107126061
Category : History
Languages : en
Pages : 269
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Book Description
An innovative exploration of China's modern transformation through the history of homicide investigation and forensic science in Republican Beijing. Daniel Asen examines the process through which imperial China's tradition of forensic science came to serve the needs of a changing state and society under dramatically new circumstances.
Author: Bryna Goodman
Publisher: Harvard University Press
ISBN: 0674248821
Category : History
Languages : en
Pages : 353
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Book Description
A suicide scandal in Shanghai reveals the social fault lines of democratic visions in China's troubled Republic in the early 1920s. On September 8, 1922, the body of Xi Shangzhen was found hanging in the Shanghai newspaper office where she worked. Although her death occurred outside of Chinese jurisdiction, her US-educated employer, Tang Jiezhi, was kidnapped by Chinese authorities and put on trial. In the unfolding scandal, novelists, filmmakers, suffragists, reformers, and even a founding member of the Chinese Communist Party seized upon the case as emblematic of deep social problems. Xi's family claimed that Tang had pressured her to be his concubine; his conviction instead for financial fraud only stirred further controversy. The creation of a republic ten years earlier had inspired a vision of popular sovereignty and citizenship premised upon gender equality and legal reform. After the quick suppression of the first Chinese parliament, commercial circles took up the banner of democracy in their pursuit of wealth. But, Bryna Goodman shows, the suicide of an educated "new woman" exposed the emptiness of republican democracy after a flash of speculative finance gripped the city. In the shadow of economic crisis, Tang's trial also exposed the frailty of legal mechanisms in a political landscape fragmented by warlords and enclaves of foreign colonial rule. The Suicide of Miss Xi opens a window onto how urban Chinese in the early twentieth century navigated China's early passage through democratic populism, in an ill-fated moment of possibility between empire and party dictatorship. Xi Shangzhen became a symbol of the failures of the Chinese Republic as well as the broken promises of citizen's rights, gender equality, and financial prosperity betokened by liberal democracy and capitalism.
Author: Fei-Hsien Wang
Publisher: Princeton University Press
ISBN: 0691202680
Category : History
Languages : en
Pages : 368
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Book Description
A detailed historical look at how copyright was negotiated and protected by authors, publishers, and the state in late imperial and modern China In Pirates and Publishers, Fei-Hsien Wang reveals the unknown social and cultural history of copyright in China from the 1890s through the 1950s, a time of profound sociopolitical changes. Wang draws on a vast range of previously underutilized archival sources to show how copyright was received, appropriated, and practiced in China, within and beyond the legal institutions of the state. Contrary to common belief, copyright was not a problematic doctrine simply imposed on China by foreign powers with little regard for Chinese cultural and social traditions. Shifting the focus from the state legislation of copyright to the daily, on-the-ground negotiations among Chinese authors, publishers, and state agents, Wang presents a more dynamic, nuanced picture of the encounter between Chinese and foreign ideas and customs. Developing multiple ways for articulating their understanding of copyright, Chinese authors, booksellers, and publishers played a crucial role in its growth and eventual institutionalization in China. These individuals enforced what they viewed as copyright to justify their profit, protect their books, and crack down on piracy in a changing knowledge economy. As China transitioned from a late imperial system to a modern state, booksellers and publishers created and maintained their own economic rules and regulations when faced with the absence of an effective legal framework. Exploring how copyright was transplanted, adopted, and practiced, Pirates and Publishers demonstrates the pivotal roles of those who produce and circulate knowledge.
Author: Ngoc Son Bui
Publisher: Oxford University Press
ISBN: 0192671588
Category : Law
Languages : en
Pages : 368
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Book Description
Legal Reform in the Contemporary Socialist World explores four decades of legal reform in the socialist countries of China, Vietnam, Laos, North Korea, and Cuba from a comparative perspective. Spanning the late 1970s to the present, it examines various projects, methods, strategies, contents, driving forces, and limitations of legislative reform, administrative reform, judicial reform, and reform of the legal profession. Legal reform in these countries is the project of the political elite to improve the legal system while retaining its core socialist principles. It is carried out through legislative enactments, amendments, and replacements, which the political elite adopt using incremental strategies to reform the legal system sporadically or systematically. Socialist legal reform is animated by the political aspiration to create the rule of law, the impact of social-economic change, and the influence of transnational and comparative law. Despite significant reforms, the socialist principles of the legal systems in these countries largely remain intact. This legal reform, however, varies considerably by country. Legal Reform in the Contemporary Socialist World offers a holistic view of understudied jurisdictions in comparative law, essential for anyone studying or working in these areas in law, politics, or policy.
Author: Hanna Pięta
Publisher: Taylor & Francis
ISBN: 1000597849
Category : Language Arts & Disciplines
Languages : en
Pages : 242
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Book Description
Indirect Translation Explained is the first comprehensive, user-friendly book on the practice of translating indirectly in today’s world. Unlike previous scholarly approaches, which have traditionally focused on translating from the original, this textbook offers practical advice on how to efficiently translate from an already translated text and for the specific purpose of further translation. Written by key specialists in this area of research and drawing on many years of translation teaching and practice, this process-focused textbook covers a range of languages, geographical settings and types of translation, including audiovisual, literary, news, and scientific-technical translation, as well as localization and interpreting. Since this topic addresses the concerns and practices of both more peripheral and more dominant languages, this textbook is usable by all, regardless of the language combinations they work with. Featuring theoretical considerations, tasks for hands-on practice, suggestions for further discussion and diverse, real-world examples, this is the essential textbook for all students and autodidacts learning how to translate via a third language. Additional resources are available on the Routledge Translation Studies Portal: http://routledgetranslationstudiesportal.com
Author: Harvard Law Review
Publisher: Quid Pro Books
ISBN: 1610277902
Category : Law
Languages : en
Pages : 460
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Book Description
The June 2016 issue, Number 8, features these contents: • Article, "Systemic Facts: Toward Institutional Awareness in Criminal Courts," by Andrew Manuel Crespo • Book Review, "Fixing Statutory Interpretation," by Brett M. Kavanaugh • Book Review, "Knowledge and Politics in International Law," by Samuel Moyn • Note, "Major Question Objections" • Note, "Chinese Common Law? Guiding Cases and Judicial Reform" • Note, "OSHA’s Feasibility Policy: The Implications of the ‘Infeasibility’ of Respirators" Furthermore, student commentary analyzes Recent Cases on sex-discrimination implications of gender-normed FBI fitness requirements; trademark law and the antidisparagement rule as a constitutional problem; practical elimination of the adverse-interest exception as a defense to fraud-on-the-market claims; deference to administrative agency’s amicus brief’s interpretation of student-loan regulations; parties' analysis of fair use before issuing copyright-violation takedown notice; causation standards for penalty enhancement in Controlled Substances Act cases; and admiralty jurisdiction and removal to federal court after a 2011 amendment to 28 USC § 1441. Finally, the issue includes several brief comments on Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible graphics from the original, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the eighth and final issue of academic year 2015-2016.
