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Author: Penelope (Pip). Nicholson
Publisher: BRILL
ISBN: 9004165185
Category : Law
Languages : en
Pages : 369
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Book Description
Legal transplantation and reform in the name of globalisation is central to the transformation of Asian legal systems. The contributions to "Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia" analyse particular legal changes in China, Indonesia, Malaysia, Singapore, Thailand, Taiwan, and Vietnam. The contributions also concurrently critically analyse the utility of scholarly developments in comparative legal studies, particularly discourse analysis; regulatory theory; legal pluralism; and socio-legal approaches, in the study of Asian legal systems. While these approaches are regularly invoked in the study of transforming European legal systems, the debate of their relevance and explanatory capacity beyond the European context is recent. By bringing together these diverse analytical tools and enabling a comparison of their insights through Asian empirical case studies, this book makes an invaluable contribution to the debates concerning legal change and the methods by which it is analysed globally, and within Asia.
Author: Penelope (Pip). Nicholson
Publisher: BRILL
ISBN: 9004165185
Category : Law
Languages : en
Pages : 369
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Book Description
Legal transplantation and reform in the name of globalisation is central to the transformation of Asian legal systems. The contributions to "Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia" analyse particular legal changes in China, Indonesia, Malaysia, Singapore, Thailand, Taiwan, and Vietnam. The contributions also concurrently critically analyse the utility of scholarly developments in comparative legal studies, particularly discourse analysis; regulatory theory; legal pluralism; and socio-legal approaches, in the study of Asian legal systems. While these approaches are regularly invoked in the study of transforming European legal systems, the debate of their relevance and explanatory capacity beyond the European context is recent. By bringing together these diverse analytical tools and enabling a comparison of their insights through Asian empirical case studies, this book makes an invaluable contribution to the debates concerning legal change and the methods by which it is analysed globally, and within Asia.
Author: Kitty te Riele
Publisher: Springer
ISBN: 9463001212
Category : Education
Languages : en
Pages : 243
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Book Description
Young people who are considered ‘vulnerable’ or ‘at risk’ are a particular target of various policies, schemes and interventions. But what does vulnerability mean? Interrogating Conceptions of “Vulnerable Youth” explores this question in relation to various policy fields that are relevant to young people, as well for how this plays out in practice and how it is experienced by young people themselves. What makes this book unique is that most authors had the opportunity to jointly explore these issues during a two-day workshop, and their chapters are informed by their cross-agency and cross-discipline discussions, making for a nuanced and thoughtful set of contributions. This collection is highly recommended for researchers and research students in the social sciences, as well as professional staff working in youth policy and youth services, in government departments and in NGOs. “Those who are most vulnerable should receive our greatest moral attention. However, the translation of generalised moral principles into effective policy and programs has never been easy. Political interests have invariably intervened, leading to complex debates about how vulnerability should be defined, classified, measured and represented. In recent years, these debates have become further complicated, as nation-states around the world have preached austerity. This timely book suggests that the responsibility for protecting the vulnerable cannot be left to individuals, but demands collective action, through institutions such as education, health and welfare. It examines some of the ways in which public policies and programs represent those who are vulnerable, involving a range of assumptions about the social, economic and political conditions that produce their vulnerabilities.” From the Foreword by Professor Fazal Rizvi
Author: Yvonne Tew
Publisher: Oxford University Press
ISBN: 0198716834
Category : Law
Languages : en
Pages : 273
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Book Description
Constitutional Statecraft in Asian Courts explores how courts engage in constitutional state-building in aspiring, yet deeply fragile, democracies in Asia. Yvonne Tew offers an in-depth look at contemporary Malaysia and Singapore, explaining how courts protect and construct constitutionalism even as they confront dominant political parties and negotiate democratic transitions. This richly illustrative account offers at once an engaging analysis of Southeast Asia's constitutional context, as well as a broader narrative that should resonate in many countries across Asia that are also grappling with similar challenges of colonial legacies, histories of authoritarian rule, and societies polarized by race, religion, and identity. The book explores the judicial strategies used for statecraft in Asian courts, including an analysis of the specific mechanisms that courts can use to entrench constitutional basic structures and to protect rights in a manner that is purposive and proportionate. Tew's account shows how courts in Asia's emerging democracies can chart a path forward to help safeguard a nation's constitutional core and to build an enduring constitutional framework.
Author: Michael McConville
Publisher: Edward Elgar Publishing
ISBN: 1781955867
Category : Law
Languages : en
Pages : 614
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Book Description
'Comparative Perspectives on Criminal Justice in China is highly recommended. The editors have assembled the leading Western and Chinese scholars in the field to examine the administration of criminal justice in China, showing both how far the system has come and the challenges that lie ahead. This is an important and timely book. It is essential reading for anyone who wants to understand or has to deal with the Chinese criminal justice system.' Klaus Mühlhahn, Freie Universität Berlin, Germany 'This highly informative and engaging volume on the Chinese criminal justice system today provides a window into the vagaries of law and its operation in the People's Republic. McConville and Pils bring together an impressive array of scholars whose studies span the criminal process. From initial police investigation, through to prosecution and sentencing of defendants, we see how dominant values in the Chinese state and its structures of power make the practice of criminal justice today still intensely political.' Susan Trevaskes, Griffith University, Australia Comparative Perspectives on Criminal Justice in China is an anthology of chapters on the contemporary criminal justice system in mainland China, bringing together the work of recognised scholars from China and around the world. The book addresses issues at various stages of the criminal justice process (investigation and prosecution of crime and criminal trial) as well as problems pertaining to criminal defence and to parallel systems of punishment. All of the contributions discuss the criminal justice system in the context of China's legal reforms. Several of the contributions urge the conclusion that the criminal process and related processes remain marred by overwhelming powers of the police and Party-State, and a chapter discussing China's 2012 revision of its Criminal Procedure Law argues that the revision is unlikely to bring significant improvement. This diverse comparative study will appeal to academics in Chinese law, society and politics, members of the human rights NGO and diplomatic communities as well as legal professionals interested in China.
Author: Man-Chung Chiu
Publisher: Springer Nature
ISBN: 9811912726
Category : Political Science
Languages : en
Pages : 192
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Book Description
This book examines the law in relation to how it has responded to sexual and gender issues in the context of Hong Kong, and addresses the implications of those responses for the global context. It aims to develop a localized theory of justice which enables the analysis of multiple socio-legal issues arising in Hong Kong, a predominantly Han-Chinese society in Greater China, while also offering formulations for corresponding solutions. Unlike other books on Hong Kong jurisprudence and socio-legal studies, this book not only compares and contrasts different theories of justice, but also attempts to generate a philosophical perspective which can synchronize and re-organize a range of theoretical components via the lens of localization. The author investigates theories of justice developed, respectively, by Rawls, Deleuze, Lacan, Žižek and from the perspective of Mahāyāna Buddhism, as well as (Orthodox) Han-Chinese Confucianism and Daoism. The book applies these theoretical perspectives in analyzing different socio-legal issues in post-97 Hong Kong, including transgender rights to marriage, domestic violence, sexual assault, child sexual abuse and race. The book concludes by proposing singular possible strategies, which include Degenderization, Desexualization, De-ageing, by which justice(s) can hopefully be re-manufactured and challenged. This book is relevant to researchers and students of law, philosophy, sociology, gender studies and cultural studies.
Author: Jiří Přibáň
Publisher: Edward Elgar Publishing
ISBN: 1789905184
Category : Law
Languages : en
Pages : 405
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Book Description
This unique Research Handbook maps the historical, theoretical, and methodological concepts in sociology of law, exploring the rich and complex nature of this area of research. It argues that sociology of law flourishes due to its strong capacity for interdisciplinary engagement and links to other scientific concepts, methodologies and research fields.
Author: Rizwana Abdul Azeez
Publisher: Liverpool University Press
ISBN: 1836241011
Category : History
Languages : en
Pages : 265
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Book Description
Singapore Malays subscribe to mostly traditional rather than modern interpretations of Islam. Singapore state officials, however, wish to curb the challenges such interpretations bring to the country's political, social, educational and economic domains. Thus, these officials launched a programme to socially engineer modern Muslim identities amongst Singapore Malays in 2003, which is ongoing. Negotiating Muslim Identities documents a variety of ethnographic encounters that point to the power struggles surrounding two basic and very different ways of living. While the Singapore state has gained some successes for its project, it has also faced significant and multiple setbacks. Amongst them, state officials have had to contend with traditional Islamic authority that Malay elders carry and who cannot be ignored because these elders are time-entrenched authority figures in their community. One of the book's significant contributions is that it documents how Singapore, an avowedly secular state, has now turned to Islam as a tool for governance. Just as significant are the insights the study provides on another aspect of Singapore state governance, one usually described as 'authoritarian'. The book demonstrates that even 'authoritarian' states can face serious obstacles in the face of religion's influence over its followers. The academic literature on Singapore Malays is sparse: this work not only fills gaps in the existing academic literature but provides new and original research data. Its data-rich ethnographic and anthropological approach show the complexities of Malay and Muslim social contexts, and complements other works that examine Southeast Asian states ' management of Islam, which has attracted much scholarship given the global interest in Islam-based politics and social organisation.
Author: Chenxia Shi
Publisher: Routledge
ISBN: 1136338365
Category : Law
Languages : en
Pages : 287
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Book Description
This book investigates the key factors shaping corporate governance in China and presents a sophisticated study of corporate governance in China from a comparative and historical perspective. Drawing on extensive corporate governance literature, this book articulates why path dependence theory is the most effective framework for interpreting the development path of Chinese corporate governance. Chenxia Shi reviews the historical role of government in commercial development and regulation in dynastic China and in early corporate law-making, followed by an account of China’s legal and economic development over the last three decades. This historical inquiry identifies government control as the key feature of economic and market regulation in China. In particular, this book canvasses the evolution of governance of State-Owned Enterprises and listed companies, major corporate governance problems, regulatory challenges posed by China’s increasing participation in economic globalization, and enforcement difficulties particularly in relation to investor protection, directors’ duties and accountability. Ultimately, Political Determinants of Corporate Governance in China demonstrates that corporate governance in China is largely determined by political imperatives and those political imperatives have been shaped and re-shaped in a historical process.
Author: Michael Buehler
Publisher: Cambridge University Press
ISBN: 1316776697
Category : Political Science
Languages : en
Pages : 285
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Book Description
The Islamization of politics in Indonesia after 1998 presents an underexplored puzzle: why has there been a rise in the number of shari'a laws despite the electoral decline of Islamist parties? Michael Buehler presents an analysis of the conditions under which Islamist activists situated outside formal party politics may capture and exert influence in Muslim-majority countries facing democratization. His analysis shows that introducing competitive elections creates new pressures for entrenched elites to mobilize and structure the electorate, thereby opening up new opportunities for Islamist activists to influence politics. Buehler's analysis of changing state-religion relations in formerly authoritarian Islamic countries illuminates broader theoretical debates on Islamization in the context of democratization. This timely text is essential reading for students, scholars, and government analysts.
Author: Daniel Halberstam
Publisher: Springer Science & Business Media
ISBN: 9400773986
Category : Law
Languages : en
Pages : 554
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Book Description
How and to what degree do federations produce uniform law within their system? This comparative empirical study addresses these questions comprehensively for the first time. Originally produced under the auspices of the International Academy of Comparative Law, this volume examines legal unification in twenty federations around the world. Each of the successive chapters presents the forces of unification through the lens of a particular federal system. A comparative overview chapter provides a detailed analysis of the overall results with compelling visual illustrations of legal unification along different dimensions (e.g. by area of law; by federation; by civil vs common law system). The overview chapter summarizes and analyzes the means and methods of legal unification and the degree of legal unification of each system, and explains the driving forces of legal unity and diversity in federations more generally. The volume presents surprising findings that should make scholars rethink their abandonment of the civil law vs. common law distinction in comparative law. This book is a milestone in the study of federalism. It is a rare and welcome melding of comparative law and comparative politics using both original data and qualitative analysis. Wide-ranging, probing, and definitive, this book is an invaluable resource for students of law, politics, and multi-level governance. Gary Marks, Burton Craige Professor, UNC-Chapel Hill, and Chair in Multilevel Governance, Vrije Universiteit Amsterdam
