A Comparative Study of Chinese and Western Legal Language and Culture

A Comparative Study of Chinese and Western Legal Language and Culture

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  • Author: Falian Zhang
  • Publisher: Springer Nature
  • ISBN: 9811593477
  • Category : Language Arts & Disciplines
  • Languages : en
  • Pages : 434

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.


Culture, Law and Order

Culture, Law and Order

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  • Author:
  • Publisher:
  • ISBN: 9789993775874
  • Category : China
  • Languages : en
  • Pages : 487


Comparative Perspectives on the Chinese Civil Code

Comparative Perspectives on the Chinese Civil Code

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  • Author: Meiling Huang
  • Publisher: Taylor & Francis
  • ISBN: 1003859305
  • Category : Law
  • Languages : en
  • Pages : 176

This book provides a comparative analysis of Chinese property law as depicted in the newly enacted Chinese Civil Code. The Chinese Civil Code, the first civil code in the history of the People’s Republic of China, was enacted as law in May 2020. Reflecting the growing interest in this code and its provisions to scholars of codification and of comparative private law, it has already been translated into English, German, and Italian. Chinese property law has both local and global features, and this comparative study offers a channel through which to understand Chinese property law, by highlighting both its similarities and differences from other property systems. Broadly speaking, the book brings together two approaches. The first comprises a comprehensive discussion of aspects of Chinese property law, such as ownership, property rights, and secured transactions. The second consists of perspectives from other jurisdictions and provides an assessment of Chinese property law based on other property systems. Containing contributions by both distinguished and young scholars, who are experienced in comparative property law research, the book offers a unique insight into the Chinese Civil Code and, through it, how extra-civilian elements are embodied in a fundamentally civilian legal system. This book will appeal to scholars and students of property law, comparative law, and others with specific interests in law and politics in China.


Fundamental Legal Concepts of China and the West

Fundamental Legal Concepts of China and the West

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  • Author: Hyung I. Kim
  • Publisher: Kennikat Press
  • ISBN:
  • Category : Law
  • Languages : en
  • Pages : 200

This work focuses on the concepts of natural law, equity or justice, and right and responsibility in traditional Chinese law.


A Study of Legal Tradition of China from a Culture Perspective

A Study of Legal Tradition of China from a Culture Perspective

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  • Author: Zhiping Liang
  • Publisher: Springer Nature
  • ISBN: 9811945101
  • Category : Law
  • Languages : en
  • Pages : 347

Professor Zhiping Liang offers a new understanding of Chinese legal tradition in this profoundly influential book. Unlike the available literature using the usual method of legal history research, this book attempts to illustrate ancient Chinese legal tradition through cultural interpretation. The author holds that both the concept and practice of law are meaningful cultural symbols. The law reveals not only the life pattern in a specific time and space but also the world of the mind of a specific group of people. Therefore, just as cultures have different types, laws embedded in different societies and cultures also have different characters and spirits. Believing that human experience is often condensed into concepts, categories, and classifications, the author begins his discussion with the analysis of relevant terms and then seeks to understand history by interpreting the interaction and interconnectedness of the words, ideas, and practices. Based on the same understanding, the author uses modern concepts reflectively and critically, consciously exploiting the differences between ancient and contemporary Chinese and Western concepts to achieve a more realistic understanding of history while avoiding the ethnocentrism and modern-centrism common in historical studies.


Rethinking Unjust Enrichment

Rethinking Unjust Enrichment

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  • Author: Warren Swain
  • Publisher: Oxford University Press
  • ISBN: 0192874144
  • Category : Law
  • Languages : en
  • Pages : 401

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.


中西法律语言与文化对比研究

中西法律语言与文化对比研究

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  • Author: 张法连
  • Publisher: BEIJING BOOK CO. INC.
  • ISBN:
  • Category : Law
  • Languages : en
  • Pages : 856

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。


Law Without Lawyers

Law Without Lawyers

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  • Author: Victor H. Li
  • Publisher: Westview Press
  • ISBN:
  • Category : Law
  • Languages : en
  • Pages : 128


Tradition of the Law and Law of the Tradition

Tradition of the Law and Law of the Tradition

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  • Author: Xin Ren
  • Publisher: Bloomsbury Publishing USA
  • ISBN: 0313370109
  • Category : Law
  • Languages : en
  • Pages : 198

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.


Civil Law in Qing and Republican China

Civil Law in Qing and Republican China

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  • Author: Philip C. C. Huang
  • Publisher:
  • ISBN: 9780804737791
  • Category : Law
  • Languages : en
  • Pages : 340

The opening of local archives to Western scholars in the 1980's has provided the basis for this reexamination of civil law in Qing and Republican China. This pathbreaking volume demonstrates that, contrary to previous scholarly understanding, Qing and Republican courts dealt extensively with such civil matters as land rights, debt, marriage, and inheritance, and did so with striking consistency and in conformity with the written code.