Rethinking Law And Development

This book is the result of the collective effort of some of the foremost experts and scholars of Chinese law, Asian law, and Chinese economics and carefully examines the relationship between law and China’s economic development. Serious inquiries and candid opinions of the contributors have made for stimulating discussion and debate in many controversial areas. This book is likely to result in further research into factors affecting China’s economic development, political change, and China’s interaction with the international community. The book explores the development of the Chinese legal system from both China’s historical perspective, taking into account the specific political and socioeconomic factors that are shaping Chinese law, and from a comparative perspective exploring the interaction between China and the rest of the world. The book brings together key international scholars of Chinese law and economics including Hualing Fu, Roda Mushkat, Randall Peerenboom, Zhigang Tao and Frank Upham. The first part of the book focuses on the linkages between the formal law and China’s economic development, looking at Chinese courts, economic institutions and firm behaviour as well as contract enforcement and property rights. Part two deals with issues of law, human rights, and social justice as they relate to economic and human development. Taken as a whole, the book offers a unique discourse on the interaction between law and economic and human development in China.

Deals with the concept of sources of international law.

The need to reassess the discourse of sustainable development in terms of equity and justice has grown rapidly in the last decade. This book explores renewed and distinctive approaches to the sustainability and justice debate, integrating a range of perspectives that include moral philosophy, sociology and law. By bringing together young and senior scholars from the field of global environmental law and governance from around the world, this work is divided into three sections, covering sustainable development and justice, sustainable development in context, and sustainable development and judiciaries. This book will appeal to academics, law practitioners and policy-makers interested in shaping future socio-legal research on global environmental law and governance.

General principles of law have made, and are likely further to make, a significant contribution to our understanding of the constituent elements of global justice. Dealing extensively with global headline issues of peace, security and justice, this book explores justice arising in specific areas of international law, as well as underlying theories of justice from political science and international relations. With contributions from leading academics and practitioners, the book adopts an interdisciplinary approach. Covering issues such as international humanitarian law, and examining the significance of non-state actors for the development of international law, the collection concludes with the complex question of how best to rethink aspects of international justice. The lessons derived from this research will have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice. As such, this book will be of interest to academics and practitioners interested in international law, environmental law, human rights, ethics, international relations and political theory.

This book is an antecedent study on the task facing China's legal science, more strictly speaking — China's legal philosophy, in post-Cold War world structure. In broader terms, this is an academic study of China's own “identity” and future in the world structure. The author believes that from 1978 to 2004, in spite of its great achievements, China's legal science has at the same time had some of its grave problems being exposed. A fundamental problem is its failure to provide a “Chinese legal ideal picture” as the standard of and direction for evaluating, assessing and guiding China's law/legal development. This is an age of law without China's own ideal picture(s). However, why has China failed to have its own legal ideal picture(s)? Apparently this question in and of itself implies a question, both more directly and fundamentally, of China's legal science, namely why China's legal science has failed to provide China's own legal picture(s)? Or, as an internal critical approach may suggest (namely to critique China's legal science from the perspective of its promised objectives), where is China's legal science heading? Based on this, this book attempts to expound a standard to evaluate China's legal science through a theoretical discussion of this issue, and to further explore the possible direction for China's legal science beyond this age. Contents:IntroductionChina's Legal Science and the “Paradigm of Modernization” A Critique and Reflection on the “Paradigm of Modernization” The Absence of “China” in Chinese Legal Scholarship: A Case Study of the Legal Research on “Consumers' Rights” Further Critical Examination of China's Legal Science (1): A Critique of Liang Zhiping's “Legal Culturalism” Further Examination of China's Legal Science (Part 2): A Critique of Su Li's “Indigenous Resourcism” Some Tentative Concluding Remarks Readership: Researchers, professionals, undergraduate and graduate students interested in China's legal science and legal philosophy studies. Keywords:Chinese Jurisprudence;Positivism;Legalism;Rights as the Foundation;Indigenous ResourcesKey Features:This book is written by a prominent scholar in China's social sciences in general and jurisprudence in particular. The Chinese version of this book is one of the most important, and also best-selling, academic books on China's legal science since 1949. It surveys, in general, the development of China's jurisprudence in the past three decades, with a critical eye on how it has colluded with China's ticket to board the ship of globalisationThis book addresses not only legal science, but social sciences in general. As the only author ranked most-cited in six disciplines in China, Deng has a broader concern than most writers who confine their studies within the narrow boundaries of particular academic disciplines. This shall interest readers on a wider scale in the international marketThis book will open up the discussions on alternative or indigenous studies in international social sciences. Although seemingly a topic addressing China's jurisprudence, readers from other cultures, nations and disciplines shall find this book inspiring to the extent that it provides fresh perspectives than the West-dominated ones that have been leading the globalisation of law

The product of a workshop held at the International Institute for the Sociology of Law in Onati, Spain, the nine chapters collected here re- examine the idea of governmentality--most often associated with the work of Michel Foucault--to measure its relevance to contemporary sociolegal issues. The book considers whether political involvement should be a necessary component of a governmentality approach, challenging governmentality theorists who have analyzed conceptual practices without demanding that they be applied to local political systems. The contributors ponder topics including liberal government and resistance to it, unemployment, and crime as well as issues of philosophy and methodology. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR

This book explores recent developments in the concept of hybridity through a multi-disciplinary perspective, bringing ideas about legal plurality together with the fields of peace, development and cultural studies. Analysing the concepts of hybridity and hybridization, their history, their application in law and legal studies, and their implications for thinking and rethinking legal plurality, the book shows how the concept of hybridity can contribute to an understanding of the processes that occur when different normative or legal orders or frameworks confront each other.