Asian Legal Systems

Author : Poh-Ling Tan
Publisher : Unknown
Page : 425 pages
File Size : 48,9 Mb
Release : 2002
Category : Electronic
ISBN : OCLC:755235831

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Asian Legal Systems by Poh-Ling Tan Pdf

Author : E. Ann Black,Gary F. Bell
Publisher : Cambridge University Press
Page : 429 pages
File Size : 49,7 Mb
Release : 2011-03-10
Category : Law
ISBN : 9781139495837

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Law and Legal Institutions of Asia by E. Ann Black,Gary F. Bell Pdf

The study of Asia and its plural legal systems is of increasing significance, both within and outside Asia. Lawyers, whether in Australia, America or Europe, or working within an Asian jurisdiction, require a sound knowledge of how the law operates across this fast-growing and diverse region. Law and Legal Institutions of Asia is the first book to offer a comprehensive assessment of eleven key jurisdictions in Asia - China, Hong Kong, Taiwan, Japan, Korea, Vietnam, Malaysia, Indonesia, Brunei Darussalam, Singapore and the Philippines. Written by academics and practitioners with particular expertise in their state or territory, each chapter uses a breakthrough approach, facilitating cross-jurisdictional comparisons and giving essential insights into how law functions in different ways across the region and in each of the individual jurisdictions.

Author : Janos Jany
Publisher : Springer Nature
Page : 492 pages
File Size : 46,5 Mb
Release : 2020-04-08
Category : Law
ISBN : 9783030437282

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Legal Traditions in Asia by Janos Jany Pdf

This book offers a comparative analysis of traditional Asian legal systems. It combines methods from legal history, legal anthropology, legal philosophy, and substantive law, pursuing a comprehensive approach that offers readers a broad perspective on the topic. The geographic regions covered include the Near East, Middle East, Central Asia, India, China, Japan, and Southeast Asia. For each region, the book first provides historical and political context. Next, it discusses major milestones in the region’s legal history and political institutions, as well as its forms of government. Readers are then presented with fundamental principles and terms needed to understand the legal arguments discussed. The book begins with the Ancient Near East and important topics such as Jewish law. The next part considers Islamic law, while also exploring modern issues. The third part focuses on Hindu and Buddhist law, while the fourth part covers China and Japan. The book’s closing section examines tribal societies, e.g. Mongols, Pashtuns and Malays. Topics covered include the interaction of legal systems within a legal circle, inter-systemic interactions, reasons for the failure and success of legal modernization, legal pluralism, and its effects on Asian societies. Family law, law of obligation, criminal law, and procedural law are also explored.

Author : P. L. Tan
Publisher : Butterworths
Page : 600 pages
File Size : 51,9 Mb
Release : 1997-10
Category : Jurisprudence
ISBN : 0406049661

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Asian Legal Systems by P. L. Tan Pdf

This book provides an overview of the legal systems of East Asia in their social context. It links the study of the law to history, society, culture and politics. Beyond the study of individual legal systems, the volume brings to the reader an understanding of the pluralism of the systems within each community of the East Asian states and between the states. It explores the concepts of legal culture and pluralism and reflects on the complexity and variety of legal systems in that region and the difficulty of approaching them with a simple unifying conception of legal culture. Most of the contributors are well known academics in their own fields who provide an 'inside' view of the legal systems in their countries.

Author : Werner F. Menski
Publisher : Cambridge University Press
Page : 565 pages
File Size : 42,8 Mb
Release : 2006-03-30
Category : Law
ISBN : 9781139452717

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Comparative Law in a Global Context by Werner F. Menski Pdf

Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.

Author : Randall Peerenboom,Carole J. Petersen,Albert H.Y. Chen
Publisher : Routledge
Page : 532 pages
File Size : 55,8 Mb
Release : 2006-09-27
Category : History
ISBN : 9781134238811

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Human Rights in Asia by Randall Peerenboom,Carole J. Petersen,Albert H.Y. Chen Pdf

Human Rights in Asia considers how human rights are viewed and implemented in Asia. It covers not just civil and political rights, but also social, economic and cultural rights. This study discusses the problems arising from the fact that ideas of human rights have evolved in Western liberal democracies and examines how far such values are compatible with Asian values and applicable in Asian contexts. Core chapters on France and the USA provide a benchmark on how human rights have emerged and how they are applied and implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia plus India, each of which follows a common template to consider the context of the legal system in each country, black letter law, legal discussions and debates and key current issues concerning human rights in each jurisdiction.

Author : Jiaxiang Hu,Andrew J. Harding,Maartje de Visser
Publisher : BRILL
Page : 374 pages
File Size : 54,6 Mb
Release : 2017-11-27
Category : Business & Economics
ISBN : 9789004349698

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Legal Education in Asia by Jiaxiang Hu,Andrew J. Harding,Maartje de Visser Pdf

Legal Education in Asia: From Imitation to Innovation is a curated collection of case studies that critically examine how conventional "transplanted" approaches to legal education are, or are on the cusp of being, redesigned across East Asia.

Author : Kanishka Jayasuriya
Publisher : Routledge
Page : 326 pages
File Size : 51,8 Mb
Release : 2006-06-19
Category : Social Science
ISBN : 9781134738267

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Law, Capitalism and Power in Asia by Kanishka Jayasuriya Pdf

A challenging and provocative book that contests the liberal assumption that the rule of law will go hand in hand with a transition to market-based economies and even democracy in East Asia. Using case studies from Hong Kong, China, Indonesia, Malaysia, Taiwan, Japan and Vietnam, the authors argue that the rule of law is in fact more likely to provide political elites with the means closely to control civil society. It is essential, therefore, to locate conceptions of judicial independence and the rule of law more generally within the ideological vocabulary of the state.

Author : Stephan Salzberg,Pitman B. Potter,Ian Townsend Gault
Publisher : Unknown
Page : 128 pages
File Size : 52,9 Mb
Release : 2000
Category : Law
ISBN : OCLC:606955989

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Introduction to Asian Legal Systems by Stephan Salzberg,Pitman B. Potter,Ian Townsend Gault Pdf

Author : Chang Wang,Nathan Madson
Publisher : Chandos Publishing
Page : 390 pages
File Size : 45,9 Mb
Release : 2013-10-31
Category : Law
ISBN : 9780857094612

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Inside China's Legal System by Chang Wang,Nathan Madson Pdf

China’s legal system is vast and complex, and robust scholarship on the subject is difficult to obtain. Inside China’s Legal System provides readers with a comprehensive look at the system including how it works in practice, theoretical and historical underpinnings, and how it might evolve. The first section of the book explains the Communist Party’s utilitarian approach to law: rule by law. The second section discusses Confucian and Legalist views on morality, law and punishment, and the influence such traditional Chinese thinking has on contemporary Chinese law. The third section focuses on the roles of key players (including judges, prosecutors, lawyers, and legal academics) in the Chinese legal system. The fourth section offers Chinese legal case studies in civil, criminal, administrative, and international law. The book concludes with a comparison of China’s fundamental governing and legal principles with those of the United States, in such areas as checks and balances, separation of powers, and due process. Uses extensive legal materials and historical documents generally unavailable to Western based academics Gives insider knowledge, including first-hand experience teaching law, and close involvement with judges, attorneys, and law professors in China Analyses legal issues from historical and cultural perspectives holistically

Author : Christoph Antons
Publisher : Routledge
Page : 401 pages
File Size : 40,7 Mb
Release : 2005-10-05
Category : Law
ISBN : 9781135795856

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Law and Development in East and South-East Asia by Christoph Antons Pdf

During the 1980s and 1990s Asian 'developmental states' attracted much attention in political science and economics literature, but the role of law in the economic development was neglected. It was only after the Asian crisis of 1997 that many analysts began to focus on a lack of regulation and transparency as a major factor triggering the crisis. The crucial questions now are how successful the current reforms will be, and which features of the Asian approach to commercial law will be resistant to reform pressures. This book examines the prospects for commercial law reform in Asia, giving particular attention to Japan and Singapore, as frequently cited role models for Asian developmentalism, and also examining development related business laws in countries such as China, Korea, Indonesia, Malaysia, Vietnam and the Philippines.

Author : David C. Buxbaum,Assoc. of Southeast Asian Institutions of Higher Learning
Publisher : Springer
Page : 325 pages
File Size : 50,7 Mb
Release : 2013-11-11
Category : Law
ISBN : 9789401762168

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Family Law and Customary Law in Asia by David C. Buxbaum,Assoc. of Southeast Asian Institutions of Higher Learning Pdf

Author : Penelope (Pip). Nicholson,Sarah Biddulph
Publisher : BRILL
Page : 369 pages
File Size : 47,5 Mb
Release : 2008
Category : Law
ISBN : 9789004165182

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Examining Practice, Interrogating Theory by Penelope (Pip). Nicholson,Sarah Biddulph Pdf

Legal transplantation and reform in the name of globalisation is central to the transformation of Asian legal systems. The contributions to "Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia" analyse particular legal changes in China, Indonesia, Malaysia, Singapore, Thailand, Taiwan, and Vietnam. The contributions also concurrently critically analyse the utility of scholarly developments in comparative legal studies, particularly discourse analysis; regulatory theory; legal pluralism; and socio-legal approaches, in the study of Asian legal systems. While these approaches are regularly invoked in the study of transforming European legal systems, the debate of their relevance and explanatory capacity beyond the European context is recent. By bringing together these diverse analytical tools and enabling a comparison of their insights through Asian empirical case studies, this book makes an invaluable contribution to the debates concerning legal change and the methods by which it is analysed globally, and within Asia.

Author : Berry Fong-Chung Hau
Publisher : Routledge
Page : 222 pages
File Size : 41,6 Mb
Release : 2019-07-25
Category : Social Science
ISBN : 9781315488233

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The Common Law System in Chinese Context by Berry Fong-Chung Hau Pdf

Under the 1984 Sino-British Joint Declaration on the future of Hong Kong the previous capitalist system and life-style shall remain unchanged for 50 years. This concept has been embedded in the Basic Law of Hong Kong. The future of the Common Law judicial system in Hong Kong depends on the perceptions of it by Hong Kong's Chinese population; judicial developments prior to July 1, 1997, when Hong Kong passes from British to Chinese control; and the Basic Law itself. All of these critical issues are addressed in this book. It applies survey and statistical analysis to the study of the attitudes toward, and the values inherent to, the Common Law judicial system in the unique cultural and economic milieu of Hong Kong in transition.

Author : John O. Haley,Toshiko Takenaka
Publisher : Edward Elgar Publishing
Page : 392 pages
File Size : 50,5 Mb
Release : 2014-10-31
Category : Law
ISBN : 9781783472796

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Legal Innovations in Asia by John O. Haley,Toshiko Takenaka Pdf

Expert scholars from around the world offer a history of law in the region while also providing a wider context for present-day Asian law. The contributors share insightful perspectives on comparative law, the role of courts, legal transplants, intelle