ISBN: 9780742567719

The culmination of twenty years of research, this essential book completes distinguished historian Philip C. C. Huang's pathbreaking trilogy on Chinese law and society from late imperial … More...

The culmination of twenty years of research, this essential book completes distinguished historian Philip C. C. Huang's pathbreaking trilogy on Chinese law and society from late imperial times to the present. Huang shows how, at the level of ideology and theory, traditional Chinese law has been rejected time and again in the past century by China's own lawmakers, first in the late Qing and the republic, then in the revolutionary and Maoist periods of the People's Republic, and finally again in the current reform era. Considering legal theory alone, modern Chinese law can only be Western law, and past Chinese law—traditional or Maoist—can have no role under the leadership's current preoccupations with modernization and marketization. But what has actually happened historically at the level of judicial practice and the daily lives of common people? In exploring this central question, Huang draws on a rich array of court records and field interviews to illustrate the surprising strength of traditional Chinese civil justice. Albeit much altered, its legacy can be traced in informal and semiformal community justice (e.g., societal and cadres mediation), as well as in multiple spheres of court-administered formal civil justice, including property rights, inheritance and old-age maintenance, and debt obligations. He also identifies the influence of Maoist justice, especially its divorce and civil court mediation practices. Finally, despite the reform era's massive importation of Western laws, legal reasoning employed in judicial practice has shown remarkable continuity, with major implications for China's future legal system. 9780742567702,9780742567719,0742567702,0742567710,0742567699,9780742567696 Other pricing structure might be available at vitalsource.com., Rowman & Littlefield Publishing Group<

ISBN: 9780742567719

The culmination of twenty years of research, this essential book completes distinguished historian Philip C. C. Huang's pathbreaking trilogy on Chinese law and society from late imper… More...

The culmination of twenty years of research, this essential book completes distinguished historian Philip C. C. Huang's pathbreaking trilogy on Chinese law and society from late imperial times to the present. Huang shows how, at the level of ideology and theory, traditional Chinese law has been rejected time and again in the past century by China's own lawmakers, first in the late Qing and the republic, then in the revolutionary and Maoist periods of the People's Republic, and finally again in the current reform era. Considering legal theory alone, modern Chinese law can only be Western law, and past Chinese law—traditional or Maoist—can have no role under the leadership's current preoccupations with modernization and marketization.But what has actually happened historically at the level of judicial practice and the daily lives of common people? In exploring this central question, Huang draws on a rich array of court records and field interviews to illustrate the surprising strength of traditional Chinese civil justice. Albeit much altered, its legacy can be traced in informal and semiformal community justice (e.g., societal and cadres mediation), as well as in multiple spheres of court-administered formal civil justice, including property rights, inheritance and old-age maintenance, and debt obligations. He also identifies the influence of Maoist justice, especially its divorce and civil court mediation practices. Finally, despite the reform era's massive importation of Western laws, legal reasoning employed in judicial practice has shown remarkable continuity, with major implications for China's future legal system. Digital Content>E-books>World History>China,Tibet Hist>China Hist, Rowman & Littlefield Publishers, Inc. Digital >16<

ISBN: 9780742567719

The culmination of twenty years of research, this essential book completes distinguished historian Philip C.C. Huang's pathbreaking trilogy on Chinese law and society from late imperial t… More...

The culmination of twenty years of research, this essential book completes distinguished historian Philip C.C. Huang's pathbreaking trilogy on Chinese law and society from late imperial times to the present.The author argues that, despite formal adherence to Western law and legal theory, traditional Chinese judicial practices continue to flourish.Huang draws on a rich array of court records and field interviews to illustrate the surprising strength of traditional Chinese civil justice, as can be seen in societal and cadres mediation, and in court actions with respect to property rights, inheritance and old-age maintenance, and debts.Maoist justice too remains influential, especially its divorce and court mediation practices.Finally, despite the recent massive adoption of Western laws, legal reasoning employed in judicial practice has shown stunning continuity, with major implications for China's future.; EPUB; History & Transport > Humamities > Regional & national history > Asian history, Wiley<

ISBN: 9780742567719

Chinese Civil Justice Past and Present: ab 54.49 € eBooks > Geschichte & Dokus Rowman & Littlefield Publishers, Rowman & Littlefield Publishers

2009, ISBN: 9780742567719

eBooks, eBook Download (EPUB), [PU: Rowman & Littlefield Publishers], Rowman & Littlefield Publishers, 2009