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Author : Kwai Hang Ng,Xin He
Publisher : Cambridge University Press
Page : 263 pages
File Size : 43,9 Mb
Release : 2017-10-26
Category : Computers
ISBN : 9781108420495
A study of the decision-making process of Chinese courts and the non-legal forces and regional factors that influence judicial outcomes.
Author : William Case
Publisher : Routledge
Page : 477 pages
File Size : 44,8 Mb
Release : 2014-12-17
Category : Political Science
ISBN : 9781317600541
"Southeast Asia offers unique opportunities for the comparative analysis of democratization. The Routledge Handbook of Southeast Asian Democratization provides a comprehensive overview of the development of democracy in the region and shows that political and structural factors differ strikingly across countries. Combining theory and case studies, it is structured in three major sections: Social segments and change processes - Institutions - Country cases and democratic guises. Contributing to on-going debates in the field, this interdisciplinary reference work explores the value systems, social structures and institutions which can affect democratization. At the same time, it tracks the pattern of fragile unfolding and gradual stabilization of democracy, as well as its resultant cost, rollback or even breakdown in the region. Bringing together over 25 key international experts in the field, this cutting-edge Handbook is designed to disaggregate, then order, the many variables that punctuate Southeast Asia's socio-political and economic terrain, and to produce a detailed account of the mixed fortunes of democracy in the region"--
Author : Hui Jing
Publisher : Cambridge University Press
Page : 233 pages
File Size : 45,9 Mb
Release : 2023-08-31
Category : Law
ISBN : 9781009327909
"This is the first English-language monograph researching the governance of Chinese charitable trusts from the perspective of law and sociology. It is of special interest to legal academics and sociologists working in the areas of charity, governance, regulation, political liberalisation, and East Asian law"--
Author : Anonim
Publisher : Roma TrE-Press
Page : 149 pages
File Size : 42,6 Mb
Release : 2021-03-12
Category : Law
ISBN : 8210379456XXX
“Roma Tre Law Review” is a law review sponsored by the Department of Law of the University of Roma Tre. It is not focused on a specific topic or a set of issues, but it is aimed at surveying transversally – and from an interdisciplinary perspective – the national and trans-national legal landscape. Its main aim is to promote the diffusion of the Italian legal culture, and namely the type of scholarship produced at Roma Tre, abroad, as well as to investigate the development of the law in several fields and places from an Italian and European viewpoint. Accordingly, the review will host contributions ideally characterized by a specific set of features, and namely by their openness to comparative, historical, and interdisciplinary perspectives on all legal issues of not strictly local concern.
Author : Xin He
Publisher : NYU Press
Page : 302 pages
File Size : 41,7 Mb
Release : 2022-06
Category : Law
ISBN : 9781479816736
""Divorce in China" explores institutional constraints and gendered outcomes of divorce in China"--
Author : Jean-Pierre Cabestan
Publisher : Rowman & Littlefield
Page : 219 pages
File Size : 52,8 Mb
Release : 2019-06-21
Category : Political Science
ISBN : 9781538129593
Arguing against conventional wisdom, this important book makes a compelling case for the continuing strength of China’s one-party system. Many analysts have predicted that China’s unprecedented economic development and middle-class expansion would lead to a liberalization of its political regime and a move toward democracy. Instead, leading scholar Jean-Pierre Cabestan contends that the Chinese Communist Party will continue to adapt and prosper in the coming decades, representing a growing challenge to all democracies. Influenced by China’s traditional culture and even more so by the regime’s Soviet ideology, institutions, and modus operandi, most Chinese are not pushing for democracy, choosing security, stability and prosperity over political freedoms and participation.
Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 45,6 Mb
Release : 2007
Category : Law
ISBN : 1590318730
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author : Xiaoqun Xu
Publisher : Oxford University Press, USA
Page : 377 pages
File Size : 54,7 Mb
Release : 2020
Category : China
ISBN : 9780190060046
"A history of Chinese law and justice from the imperial era to the post-Mao era, the book addresses the evolution and function of law codes and judicial practices in China's long history, and examines the transition from traditional laws and practices to their modern counterparts in the twentieth century and beyond. From the ancient times to the twenty-first century, there has been an enduring expectation or hope among the Chinese people that justice should and will be done in society, which is expressed in a popular Chinese saying, "Heaven has eyes." To the Chinese mind in the imperial era, justice was, and was to be achieved as, an alignment of Heavenly reason, state law, and human relations. Such a conception did not change until the turn of the twentieth century when Western-derived notions--natural rights, legal equality, the rule of law, judicial independence, and due process--came to replace the Confucian moral code of right and wrong, which was a fundamental shift in philosophical and moral principles that informed law and justice. The legal-judicial reform agendas since the beginning of the twentieth century (still ongoing today) stemmed from this change in the Chinese moral and legal thinking, but to materialize the said principles in everyday practices is a very different order of things that is much more difficult to accomplish, hence all the legal dramas including tragedies in the past one century or so. The book will lay out how and why that is the case"--
Author : Issachar Rosen-Zvi
Publisher : Routledge
Page : 395 pages
File Size : 55,9 Mb
Release : 2017-10-24
Category : Law
ISBN : 9781351896412
This perceptive study investigates the different ways in which the state deals with various social groups through the mechanisms of space. By means of case studies involving three social groups within Israel's multicultural society - the Sephardim, the Bedouin-Arab minority and the ultra-Orthodox community of Jerusalem - the different roles played by political space in legal analysis are revealed and analyzed. Issachar Rosen-Zvi then unearths the unifying logic underlying the disparate legal treatment of political space, brought to light by the case studies. The law treats political space differently depending on the social group involved, an attitude that, the author argues, can be traced back to early Zionist thinking. He concludes that a reform of local government law is required, to correct the segregated system of political space and the separate and unequal distribution of political power and economic resources that accompany it.
Author : Chris Kendall
Publisher : University of Pennsylvania Press
Page : 257 pages
File Size : 48,6 Mb
Release : 2024-07-16
Category : Political Science
ISBN : 9781512826227
When do domestic courts protect international human rights? By the end of the twentieth century, the world had witnessed an unprecedented flourishing of international human rights law and a growing number of democratic states whose domestic institutions promised to protect those rights. A single institution often became the center of these efforts: the court. Advocates in newly democratized states could look to high courts to demand that their governments comply with international law and bring policy into line with liberal rhetoric. This process, however, put these young courts in a difficult position. With no deep well of historical legitimacy to draw on in new political environments, courts had to weigh high-minded legal principles against the limited resources or political preferences of elected governments. In such situations, how did these courts respond, and what strategies allowed some to successfully build their legitimacy over time while others faltered, succumbing to political pressure or suffering political backlash? In Between Possibility and Peril, Chris Kendall explores this dynamic in three states—Colombia, Mexico, and South Africa—in the twenty years following each country’s democratic transition. The case studies reveal a common pattern: what matters most is not international law itself, but a court’s ability to control its procedural environment. Control over these “rules of the game” allows a court to selectively engage international human rights issues that can enhance its legitimacy and build public support while avoiding those issues likely to put it in direct conflict with hostile political actors. The result is paradoxical—the most successful courts in the long term are those who in the short term often choose to disappoint rights advocates.
Author : Justin Crowe
Publisher : Unknown
Page : 0 pages
File Size : 41,7 Mb
Release : 2012
Category : Court rules
ISBN : 0691152926
How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? Building the Judiciary uncovers the causes and consequences of judicial institution-building in the United States from the commencement of the new government in 1789 through the close of the twentieth century. Explaining why and how the federal judiciary became an independent, autonomous, and powerful political institution, Justin Crowe moves away from the notion that the judiciary is exceptional in the scheme of American politics, illustrating instead how it is subject to the same architectonic politics as other political institutions. Arguing that judicial institution-building is fundamentally based on a series of contested questions regarding institutional design and delegation, Crowe develops a theory to explain why political actors seek to build the judiciary and the conditions under which they are successful. He both demonstrates how the motivations of institution-builders ranged from substantive policy to partisan and electoral politics to judicial performance, and details how reform was often provoked by substantial changes in the political universe or transformational entrepreneurship by political leaders. Embedding case studies of landmark institution-building episodes within a contextual understanding of each era under consideration, Crowe presents a historically rich narrative that offers analytically grounded explanations for why judicial institution-building was pursued, how it was accomplished, and what--in the broader scheme of American constitutional democracy--it achieved.
Author : Lorne Sossin
Publisher : Scarborough, Ont. : Carswell
Page : 246 pages
File Size : 52,7 Mb
Release : 1999
Category : Law
ISBN : 0459239287
Author : Great Britain. Court of King's Bench
Publisher : Unknown
Page : 516 pages
File Size : 40,5 Mb
Release : 1871
Category : Bail
ISBN : IOWA:31858018401210
Author : Linda Camp Keith
Publisher : University of Pennsylvania Press
Page : 338 pages
File Size : 47,5 Mb
Release : 2011-11-29
Category : Political Science
ISBN : 9780812207033
The world seems to have reached agreement on a set of ideals regarding state human rights behavior and the appropriate institutions to promote and protect those ideals. The global script for state legitimacy calls for a written constitution or the equivalent with an embedded bill of rights, democratic processes and institutions, and increasingly, a judicial check on state power to protect human rights. While the progress toward universal formal adherence to this global model is remarkable, Linda Camp Keith argues that the substantive meaning of this progress is much less clear. In Political Repression, she seeks to answer two key questions: Why do states make formal commitments to democratic processes and human rights? What effect do these commitments have on actual state behavior, especially political repression? The book begins with a thorough exploration of a variety of tools of state repression and presents evidence for substantial formal acceptance of international human rights norms in constitutional documents as well as judicial independence. Keith finds that these institutions reflect the diffusion of global norms and standards, the role of transnational networks of nongovernmental organizations, and an electoral logic in which regimes seek to protect their future interests. Economic liberalism, on the other hand, decreases the likelihood that states adopt or maintain these provisions. She demonstrates that the level of judicial independence is influenced by constitutional structures and that levels of judicial independence subsequently achieved in turn diminish the probability of state repression of a variety of rights. She also finds strong evidence that rights provisions may indeed serve as a constraint on state repression, even when controlling for many other factors.
Author : Tatiana Grieshofer
Publisher : Cambridge University Press
Page : 0 pages
File Size : 51,9 Mb
Release : 2023-05-31
Category : Language Arts & Disciplines
ISBN : 1009486926
Focusing on adversarial legal settings, this Element explores discursive practices in court proceedings which often involve unrepresented parties - private family proceedings and small claims cases. Such proceedings present the main caseload of county and family courts, but pose immense challenges when it comes to legal-lay communication. Drawing on court observations, alongside textual and interview data, the Element pursues three aims: (1) developing the methodological and theoretical framework for exploring discursive practices in legal settings; (2) establishing the link between legal-lay discourse and procedural justice; (3) presenting and contextualising linguistic phenomena as an inherent part of court research and practice. The Element illustrates how linguistic input can contribute to procedural changes and court reforms across different adversarial and non-adversarial legal settings. The exploration of discursive practices embedded in court processes and procedures consolidates and advances the existing court research conducted within the fields of socio-legal studies and forensic linguistics. This title is also available as Open Access on Cambridge Core.
