Sovereign Power and the Law in China
Title | Sovereign Power and the Law in China PDF eBook |
Author | Flora Sapio |
Publisher | BRILL |
Pages | 380 |
Release | 2010 |
Genre | History |
ISBN | 9004182454 |
This volume analyses under-researched institutions and practices in China's criminal justice system, arguing that derogations from the rule of law constitute an organic component of the legal order.
China, State Sovereignty and International Legal Order
Title | China, State Sovereignty and International Legal Order PDF eBook |
Author | Phil C.W. Chan |
Publisher | Hotei Publishing |
Pages | 367 |
Release | 2015-05-19 |
Genre | Law |
ISBN | 9004288376 |
China’s rise has aroused apprehension that it will revise the current rules of international order to pursue and reflect its power, and that, in its exercise of State sovereignty, it is unlikely to comply with international law. This book explores the extent to which China’s exercise of State sovereignty since the Opium War has shaped and contributed to the legitimacy and development of international law and the direction in which international legal order in its current form may proceed. It examines how international law within a normative–institutional framework has moderated China’s exercise of State sovereignty and helps mediate differences between China’s and other States’ approaches to State sovereignty, such that State sovereignty, and international law, may be better understood.
Sovereignty in China
Title | Sovereignty in China PDF eBook |
Author | Maria Adele Carrai |
Publisher | Cambridge University Press |
Pages | 301 |
Release | 2019-08 |
Genre | Law |
ISBN | 1108474195 |
This book provides a comprehensive history of the emergence and the formation of the concept of sovereignty in China from the year 1840 to the present. It contributes to broadening the history of modern China by looking at the way the notion of sovereignty was gradually articulated by key Chinese intellectuals, diplomats and political figures in the unfolding of the history of international law in China, rehabilitates Chinese agency, and shows how China challenged Western Eurocentric assumptions about the progress of international law. It puts the history of international law in a global perspective, interrogating the widely-held belief of international law as universal order and exploring the ways in which its history is closely anchored to a European experience that fails to take into account how the encounter with other non-European realities has influenced its formation.
Chinese Law in Imperial Eyes
Title | Chinese Law in Imperial Eyes PDF eBook |
Author | Li Chen |
Publisher | Columbia University Press |
Pages | 417 |
Release | 2015-12-22 |
Genre | History |
ISBN | 0231540213 |
How did American schoolchildren, French philosophers, Russian Sinologists, Dutch merchants, and British lawyers imagine China and Chinese law? What happened when agents of presumably dominant Western empires had to endure the humiliations and anxieties of maintaining a profitable but precarious relationship with China? In Chinese Law in Imperial Eyes, Li Chen provides a richly textured analysis of these related issues and their intersection with law, culture, and politics in the eighteenth and nineteenth centuries. Using a wide array of sources, Chen's study focuses on the power dynamics of Sino-Western relations during the formative century before the First Opium War (1839-1842). He highlights the centrality of law to modern imperial ideology and politics and brings new insight to the origins of comparative Chinese law in the West, the First Opium War, and foreign extraterritoriality in China. The shifting balance of economic and political power formed and transformed knowledge of China and Chinese law in different contact zones. Chen argues that recovering the variegated and contradictory roles of Chinese law in Western "modernization" helps provincialize the subsequent Euro-Americentric discourse of global modernity. Chen draws attention to important yet underanalyzed sites in which imperial sovereignty, national identity, cultural tradition, or international law and order were defined and restructured. His valuable case studies show how constructed differences between societies were hardened into cultural or racial boundaries and then politicized to rationalize international conflicts and hierarchy.
Chinese Perspectives on the International Rule of Law
Title | Chinese Perspectives on the International Rule of Law PDF eBook |
Author | Matthieu Burnay |
Publisher | Edward Elgar Publishing |
Pages | 295 |
Release | 2018-07-27 |
Genre | Law |
ISBN | 1788112393 |
This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.
State, Sovereignty, and the People
Title | State, Sovereignty, and the People PDF eBook |
Author | Jonathan Ocko |
Publisher | |
Pages | 0 |
Release | 2014 |
Genre | |
ISBN |
This paper uses the concept of rule of law to compare Qing China and British India. Rather than using rule of law instrumentally, the paper embeds it in the histories of state power and sovereignty in China and India. Three themes, all framed by rule of law and rule of man as oppositional, yet paradoxically intertwined, notions, organize the paper's comparisons: the role of a discourse of law in simultaneously legitimizing and constraining the political authority of the state; the role of law and legal procedures in shaping and defining society; the role of law in defining an economic and social order based on contract, property, and rights. A fourth section considers the implications of these findings for the historical trajectories of China and India in the 20th century. Taking law as an instrument of power and an imagined realm that nonetheless also transcended power and operated outside its ambit, the paper seeks to broaden the history of rule of law beyond Euro-America.
Sovereignty in China's Perspective
Title | Sovereignty in China's Perspective PDF eBook |
Author | Yonghong Yang |
Publisher | Schriften zum internationalen und zum öffentlichen Recht |
Pages | 0 |
Release | 2017 |
Genre | China |
ISBN | 9783631719282 |
The concept of sovereignty -- Sovereignty in ancient China -- The emergence of modern sovereignty in the Late Qing Dynasty -- Nationalism in China -- Sovereignty and human rights in China -- China's contemporary perspective of sovereignty.