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This volume critically evaluates the latest legal reform of China, covering major areas such as trade and securities law, online privacy law, criminal law, human rights and international law. It represents a bold departure from the most recent works on Chinese legal reform by engaging the ideas of experts in contemporary Chinese law with the archival scholarship of Chinese legal historians. This unique interdisciplinary feature affords readers a more nuanced view of the complexities and specificities of how China has problematised legal reforms in various historical contexts when building a progressive yet sustainable legal system. This volume appraises the most current reform in Chinese law by considering China's engagement with globalisation, increasingly complicated domestic situation and historical legal transplantation experiences. It will be of huge interest to students, researchers and practitioners interested in Chinese law and policy, China and Asian studies and Chinese legal history.
Law reform --- Law --- Human rights --- Law and socialism. --- Communism and law --- Law and communism --- Marxian jurisprudence --- Marxist jurisprudence --- Marxian legal theory --- Marxist legal theory --- Socialism and law --- Socialism
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Since China's reform and opening up started in 1978 and Vietnam's Doi Moi reforms were initiated in 1986, these two East Asian economies have adopted capitalistic models of development while retaining and reforming their socialist legal systems along the way. Tracking the trajectory of socialist laws and their legacy, this book offers a unique comparison of laws and institutional designs in China and Vietnam. Leading scholars from China, Vietnam, Australia and the United States analyze the history, development and impact of socialist law reforms in these two continuing socialist states. Readers are offered a varied insight into the complex quality and unique features of socialist law and why it should be taken seriously. This is a fresh theoretical approach to, and internal critique of, socialist laws which demonstrates how socialist law in China and Vietnam may shape the future of global legal development among developing countries.
Rule of law --- Law reform --- Socialism --- Law and socialism. --- Communism and law --- Law and communism --- Marxian jurisprudence --- Marxist jurisprudence --- Marxian legal theory --- Marxist legal theory --- Socialism and law --- Marxism --- Social democracy --- Socialist movements --- Collectivism --- Anarchism --- Communism --- Critical theory --- Legal reform
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Sociology of law --- Legal theory and methods. Philosophy of law --- Marx, Karl --- Law and socialism --- Droit et socialisme --- 165 --- 340.11 --- Communism and law --- Law and communism --- Marxian jurisprudence --- Marxist jurisprudence --- Marxian legal theory --- Marxist legal theory --- Socialism and law --- Socialism --- Kennisleer. Epistemologie --- Rechtstheorie. Rechtsvinding--(algemeen) --- Law and socialism. --- 340.11 Rechtstheorie. Rechtsvinding--(algemeen) --- 165 Kennisleer. Epistemologie --- DOCTRINES POLITIQUES --- SOCIALISME --- COMMUNISME --- MARXISME
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Law and socialism --- Droit et socialisme --- Marx, Karl, --- Communism and law --- Law and communism --- Marxian jurisprudence --- Marxist jurisprudence --- Marxian legal theory --- Marxist legal theory --- Socialism and law --- Socialism --- Marx, Karl. --- Marx, Karl --- Law and socialism. --- Droit et socialisme. --- Marxisme. --- Sociologie juridique. --- Marx, Karl, - 1818-1883
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Law and socialism --- Law --- Droit --- Law. --- Law and socialism. --- Communist countries. --- Communism and law --- Law and communism --- Marxian jurisprudence --- Marxist jurisprudence --- Marxian legal theory --- Marxist legal theory --- Socialism and law --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Communist countries --- Iron curtain lands --- Russian satellites --- Soviet bloc --- Socialism --- Jurisprudence --- Legislation --- Regions --- Former communist countries --- Serials
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Law and socialism --- Socialism --- Law reform --- Law - Non-U.S. --- Law, Politics & Government --- Law - Africa, Asia, Pacific & Antarctica --- Law and socialism. --- Legal reform --- Marxism --- Social democracy --- Socialist movements --- Communism and law --- Law and communism --- Marxian jurisprudence --- Marxist jurisprudence --- Marxian legal theory --- Marxist legal theory --- Socialism and law --- Collectivism --- Anarchism --- Communism --- Critical theory
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This volume applies the insights of the Marxist tradition in social theory and politics to the law. It is written in straightforward non-technical language which is easily accessible to those not acquainted with Marxism or the law.
Law and socialism. --- Rule of law. --- Law and socialism --- Rule of law --- Law, Politics & Government --- Law, General & Comparative --- Supremacy of law --- Administrative law --- Constitutional law --- Communism and law --- Law and communism --- Marxian jurisprudence --- Marxist jurisprudence --- Marxian legal theory --- Marxist legal theory --- Socialism and law --- Socialism
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Law and socialism --- Sociological jurisprudence --- Law and socialism. --- Sociological jurisprudence. --- Law and society --- Law --- Society and law --- Sociology of law --- Jurisprudence --- Sociology --- Law and the social sciences --- Communism and law --- Law and communism --- Marxian jurisprudence --- Marxian legal theory --- Marxist jurisprudence --- Marxist legal theory --- Socialism and law --- Socialism
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This book was first published in 2007. The government of Soviet Russia wrote new laws for Russia that were as revolutionary as its political philosophy. These new laws challenged social relations as they had developed in Europe over centuries. These laws generated intense interest in the West. To some, they were the harbinger of what should be done in the West, hence a source for emulation. To others, they represented a threat to the existing order. Western governments, like that of the Tsar, might be at risk if they held to the old ways. Throughout the twentieth century Western governments remade their legal systems, incorporating an astonishing number of laws that mirrored the new Soviet laws. Western law became radically transformed over the course of the twentieth century, largely in the direction of change that had been charted by the government of Soviet Russia.
Law --- Law and socialism. --- Law reform. --- Comparative law. --- International law --- Law of nations --- Nations, Law of --- Public international law --- Communism and law --- Law and communism --- Marxian jurisprudence --- Marxist jurisprudence --- Marxian legal theory --- Marxist legal theory --- Socialism and law --- Socialism --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Legal reform --- Jurisprudence --- Philosophy. --- Soviet Union --- History --- Influence. --- Influence --- General and Others
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How can the law be employed pragmatically to facilitate development and underpin illiberal principles? The case of contemporary China shows that the law plays an increasingly important role in the country's illiberal approach to both domestic and China-related global affairs, which has posed intellectual challenges in understanding it with reference to conventional, Western legal concepts and theories. This book provides a systematic exploration of the sources of Chinese law as pragmatically reconfigured in context, aiming to fill the gap between written and practised law. In combination with fieldwork investigations, it conceptualises various formal and informal laws, including the Constitution, congressional statutes, supreme court interpretations, judicial documents, guiding cases and judicial precedents. Moreover, it engages a theoretical analysis of legal instrumentalism, illuminating how and why the law works as an instrument for authoritarian legality in China, with international reflections on other comparable regimes.
Law --- Rule of law --- Law and socialism. --- Authoritarianism --- Philosophy. --- Political aspects --- Political science --- Authority --- Socialism --- Communism and law --- Law and communism --- Marxian jurisprudence --- Marxist jurisprudence --- Marxian legal theory --- Marxist legal theory --- Socialism and law --- Jurisprudence --- Legislation --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Authoritarianism. --- Political aspects. --- Law and politics
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