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Treatment of Foreign Law in Asia by Kazuaki Nishioka Pdf
How do Asian courts ascertain, interpret, and apply a foreign law as the law governing the merits of the case? What should judges do if parties do not raise or disagree on the content of foreign law? This thematic volume in the Studies in Private International Law – Asia series analyses the treatment of foreign law before judicial authorities, that is, how the courts of Asian states deal with the proof of foreign law in court litigation involving cross-border elements. The individual chapters cover 15 Asian jurisdictions: Mainland China, Hong Kong, Taiwan, Japan, South Korea, Singapore, Malaysia, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Thailand, Sri Lanka, and India. The Introduction and Conclusion examine similarities and differences in the approaches taken by the 15 Asian states with a view to assessing the extent to which those approaches are consistent or different from each other. The book also puts forward suggestions for harmonising differing approaches, especially between Asian common law and civil law states. The book is a one-stop reference guide on the treatment of foreign law in Asia and will be indispensable to judges, practitioners, and scholars not just in Asia, but worldwide.
The Tradition and Modern Transition of Chinese Law by Jinfan Zhang Pdf
The book was first published in 1997, and was awarded the first prize of scientific research by the Ministry of Justice during the ninth Five-Year Plan of China. In 2005, it was adopted the text book for the postgraduates of law majors. In 2009, it was awarded the second prize of the best books on law in China. The book discusses from different aspects the long legal tradition in China, and it not only helps us to have a further understanding of Chinese legal system but also combines theories and practice and illustrate the modern legal transition which probes the history of Chinese legal system. As is known to us all, China is a country with a long legal history, which can be traced back to more than three thousand year ago. So the legal tradition of China has been passed down from generation to generation without any interruptions. This feature is peculiar to Chinese legal history which is beyond all comparison with that of other countries such as ancient Egypt, ancient India, ancient Babylon and ancient Persia. Through the study of Chinese legal history we can have a deeper understanding of the histories, features, origins and the transition of Chinese legal tradition. The Chinese legal tradition originated from China, and it is the embodiment of the wisdom and creativity of Chinese civilization. The great many books, researching materials, legal constitutions, archives, files and records of different dynasties in China have provided us with rare, complete and systematic materials to research. The book has a complete, systematic and detailed research on Chinese legal tradition and its transition and it gives people a correct recognition of the process of the perfection of laws during its development and its position as well as its value in the social progress in order to grasp its regular patterns. It also has showed us the most valuable part and core of Chinese legal Tradition and it is a summary of Chinese legal tradition and its transition from different perspectives, different angles and different levels. From the book, we can see that the ancient Chinese Legal Culture had once shocked the world and exerted great influence on the civilization of the world legal system, especially the legal systems in Asian countries. The book also has discussed the reestablishment of law in the late Qing Dynasty and the beginning of the Chinese law’s transition to modernity. In a word, the book has not only combined the legal system and the legal culture together, but also integrated the important historical figures and events ingeniously and it is a valuable and readable book with authenticity.
Author : John Lagerwey Publisher : The Chinese University of Hong Kong Press Page : 552 pages File Size : 42,6 Mb Release : 2021-09-24 Category : Religion ISBN : 8210379456XXX
Religion and Chinese Society Vol. 1 by John Lagerwey Pdf
Thirty years ago, Hu Shih's views of Chinese society and history were representative of Sinology in general: China itself had no native religion, just local customs; its only real religion was an import, Buddhism. These views have now been completely overturned, with massive implications for our understanding not only of China but also of humanity as a whole: it is no longer possible to imagine that at least one major traditional society constructed and construed itself without reference to a non-mundane world that permeated every facet of society, and it therefore becomes indispensable for students of China to take the history of Chinese religion into account and for students of religion to take into account the Chinese experience of and Chinese categories for dealing with religious phenomena. The present volumes contain a selection of twenty-one essays presented in a conference convened jointly by the Ecole francaise d'Extreme-Orient and the Centre for the Study of Religion and Chinese Society of the Chinese University of Hong Kong, on "Religion and Chinese Society: The Transformation of a Field and Its Implications for the Study of Chinese Culture" held on May 29-June 2, 2000. The collection aims at providing as wide a coverage as possible of recent research in the history of Chinese religion and seeks to draw some tentative conclusions about the implications for the study of Chinese religion and society in general.
Author : Scott Cook Publisher : State University of New York Press Page : 336 pages File Size : 52,7 Mb Release : 2003-09-25 Category : Religion ISBN : 9780791486184
A literary and philosophical masterpiece of its age, and yet one of the most puzzling and elusive texts ever written, the Zhuangzi has been continuously reinterpreted. Here the age-old hermeneutic project of reading the Zhuangzi is brought up to the present with new essays addressing an array of interrelated topics from a variety of perspectives. These include how the work stands in relation to such issues as mystical experience, "skeptical" and "relativist" attitudes, individual value, ethical orientation, folk psychologies and popular beliefs, and rhetorical logic and structure. By providing ten "uneven" perspectives on such matters, this volume contributes to the ongoing discourse on Zhuangzi's philosophy by placing it within our present interpretive context and pushing that context to new limits.
Author : Pitman B. Potter Publisher : University of Washington Press Page : 246 pages File Size : 42,9 Mb Release : 2016-06-01 Category : Social Science ISBN : 9780295804033
The Boundaries of Meaning and the Formation of Law by Sharron Gu Pdf
Different legal systems share some basic developmental tendencies that are rooted in the historical evolution of language and culture. In this comparative history of English common law, Islamic law, and Chinese imperialist law Sharron Gu describes the formation of three diverse legal systems in terms of their unique linguistic environments. She argues that the characteristics of each language define the nature of the common, statute, administrative, and religious laws associated with it and set the boundaries for its legal imagination.
Contemporary New Confucianism II by Qiyong Guo Pdf
As the second volume of a two-volume seminal work on contemporary New Confucianism in China, this book focuses on six leading thinkers of this intellectual movement in the 20th century. Contemporary New Confucianism refers to the Confucianism or Confucian thought that has emerged in China since the 1920s, which aims to revive the spirituality of Confucianism in a changing society. This volume introduces the philosophical thought of Zhang Junmai, Feng Youlan, He Lin, Fang Dongmei, Tang Junyi, and Mou Zongsan, including Zhang's political philosophy and comparative philosophy, Feng's transformation of Chinese philosophy, He's idea of culture and "spirit-only idealism," Fang's comparative philosophy, Tang's idea of moral self and theory of human spiritual realms, and Mou's new ontology for Confucianism. It analyzes their divergences and the contemporary relevance of their thought in terms of revisiting and transforming traditional Chinese philosophy and reconciling Chinese and Western traditions. This title will appeal to scholars and students of modern and contemporary Confucianism, intellectual history, philosophy and thought of contemporary China, and comparative philosophy.
The Encyclopedia of Taoism by Fabrizio Pregadio Pdf
The Encyclopedia of Taoism provides comprehensive coverage of Taoist religion, thought and history, reflecting the current state of Taoist scholarship. Taoist studies have progressed beyond any expectation in recent years. Researchers in a number of languages have investigated topics virtually unknown only a few years previously, while others have surveyed for the first time textual, doctrinal and ritual corpora. The Encyclopedia presents the full gamut of this new research. The work contains approximately 1,750 entries, which fall into the following broad categories: surveys of general topics; schools and traditions; persons; texts; terms; deities; immortals; temples and other sacred sites. Terms are given in their original characters, transliterated and translated. Entries are thoroughly cross-referenced and, in addition, 'see also' listings are given at the foot of many entries. Attached to each entry are references taking the reader to a master bibliography at the end of the work. There is chronology of Taoism and the whole is thoroughly indexed. There is no reference work comparable to the Encyclopedia of Taoism in scope and focus. Authored by an international body of experts, the Encyclopedia will be an essential addition to libraries serving students and scholars in the fields of religious studies, philosophy and religion, and Asian history and culture.
The Law of Unjust Enrichment in China: Necessary or Not? by Siyi Lin Pdf
This book is the first book focusing on the Chinese law of unjust enrichment in English and introducing it to Western jurisdictions. Unjust enrichment is currently one of the most controversial areas of law in many jurisdictions and rife with academic debate. This book analyzes the historical evolution, current doctrines, and relationships of unjust enrichment with other areas of private law in China. It also provides insights into judicial practice. In May 2020, China promulgated its first-ever Civil Code since the establishment of the People's Republic of China, which is a milestone in the history of Chinese law. Before the Civil Code, there was only one legal provision regulating unjust enrichment, which requires a person obtaining benefits “without a legal basis” to return such benefits. However, the new Civil Code contains a separate chapter regulating unjust enrichment. This book analyzes and evaluates those new provisions in the Civil Code to provide a most up-to-date analysis of the Chinese law of unjust enrichment.
This book thoroughly analyzes China’s political ideas regarding the international order and their reflection in China’s engagement in multilateralism. It introduces the debates and discussions that take place among Chinese intellectuals in the study of international relations as an important part of non-western international relation theories, generating reflections on the convergences and divergences between China’s political ideas and Europe-centric perspectives. With a focus specifically on China’s main bilateral and multilateral relations in its principal regions of interest – East Asia and Central Asia – the book also examines China’s relationship with the United States, Russia, and the European Union, and the One Belt One Road initiative drawing on a mixture of primary and secondary Chinese language sources, extensive interviews with Chinese officials, academics, and think tanks. This book will be of key interest to scholars and students of Chinese politics/studies, foreign policy analysis, Asian studies, and international relations.
The Routledge History of Chinese Philosophy by Bo Mou Pdf
The History of Chinese Philosophy is a comprehensive and authoritative examination of the movements and thinkers that have shaped Chinese philosophy over the last three thousand years. An outstanding team of international contributors provide seventeen accessible entries organised into five clear parts: Identity of Chinese Philosophy Classical Chinese Philosophy (I): Pre-Han Period Classical Chinese Philosophy (II): From Han Through Tang Classical Chinese Philosophy (III): From Song Through Early Qing Modern Chinese Philosophy: From Late Qing Through 21st Century This outstanding collection is essential reading for students of Chinese philosophy, and will be of interest to those seeking to explore the lasting significance this rich and complex philosophical tradition.
A Chronology of Translation in China and the West by Sin-wai Chan Pdf
This book is a study of the major events and publications in the world of translation in China and the West from its beginning in the legendary period to 2004, with special references to works published in Chinese and English. It covers a total of 72 countries/places and 1,000 works. All the events and activities in the field have been grouped into 22 areas or categories for easy referencing. This book is a valuable reference tool for all scholars working in the field of translation.
PROCEEDINGS OF THE THIRD INTERNATIONAL CONFERENCE ON GLOBALIZATION: CHALLENGES FOR TRANSLATORS AND INTERPRETERS by Zhiqing Zhang,Youbin Zhao,Xinjie Wang Pdf
With the implementation of the “Belt and Road” Initiative and the development of Guangdong-Hong Kong-Macau Greater Bay Area, the demand for translators and interpreters continues to grow in China. The breakthrough in artificial intelligence, which has contributed to an enormous improvement in the quality of machine translation, means challenges and opportunities for translators and interpreters as well as studies of translation and interpreting. Studies of translation and interpreting have been further expanded and diversified in the era of globalized communications. The interrelation between translation and globalization is essential reading for not only scholars and educators, but also anyone with an interest in translation and interpreting studies, or a concern for the future of our world’s languages and cultures. By focusing on the connection between the two, various researches have been conducted in all forms of communication between languages, including translation, interpreting, cross-cultural communication, language teaching, and the various specializations involved in such activities. This has resulted in The Third International Conference on Globalization: Challenges for Translators and Interpreters co-organized by the School of Translation Studies, Jinan University on its Zhuhai campus and South China Business College, Guangdong University of Foreign Studies, November 16-17, 2019. The response to the conference was once more overwhelming, which was partly attributed to the previous two conferences held successfully under the same title. Apart from five keynote speakers, over one hundred and fifty participants came from universities, institutions or organizations from mainland China, Spain, New Zealand, as well as Hong Kong and Macao to attend the event, contributing over 130 papers in total. Among the keynote speakers are internationally renowned scholars in translation studies, such as Dr. Roberto Valdeón, professor of English Linguistics at the University of Oviedo, Spain, and the Chief Editor of Perspective: Studies in Translatology; Dr. Sun Yifeng, chair professor of Translation Studies and head of the English Department at the University of Macau; Dr. Tan Zaixi, distinguished professor of Shenzhen University and Chair Professor of Beijing Foreign Studies University, and Professor Emeritus of Hong Kong Baptist University. After careful evaluation and compilation, 90 papers have been selected for this conference proceedings, which was summarized into the following four topics: “Translation and Interpreting Theory and Practice,” “Translation and Cross-cultural Studies,” “Evaluation of Translation and Interpretation,” and “Studies on the Teaching of Translation.” By no means is it difficult to find some interesting and thought-provoking papers under each topic. For example, concerning “Translation and Interpreting Theory and Practice,” “To Translate or not to Translate? That is the Question----On Metaphor Translation in Chinese Political works” (by Dong Yu) explains that in judging whether or not a Chinese metaphor can be translated into English, an indispensable step is to decide whether or not the two cultural connotations can be connected. But this can easily be influenced by subjective factors. Yu has suggested some ways in which subjective factors could be controlled to some extent so that the translator could be more confident in his or her decision. He has also suggested three steps. The first step is to assume that the cultural connotation of the Chinese metaphor can be connected with that of its English version. For example, the metaphor ???? in ??????????? could be translated as rain or shine; The second step is to find out whether or not this translated version is acceptable both linguistically and culturally in English. The third step is to consider the systematicity of the metaphor in regard with the context in both the source and target texts. This involves a process of recontextualization. When it comes to “Translation and Cross-cultural Studies”, “On Translation of the English Guide-interpreter from the Perspective of Intercultural Communication” (by Fengxia Liua and Xiaoning Bi), points out that inbound tourism serves as a window through which foreign tourists get to know China, so the interaction between the guide-interpreters and foreign tourists are the typical activity of cultural communication. Foreign-language-speaking guides are usually regarded as “people-to-people ambassadors” or “cultural ambassadors”, who have played an essential role in the international tourist industry. Therefore, they argue that it is extremely important for tourist guides to cultivate their cross-cultural communication awareness, enhance their overall communicative competence, observe and distinguish east-and-west differences with multi-dimensional perspective, transcend cultural barriers and learn to use translation skills. “Studies on the Teaching of Translation” is another interesting topic that has attracted enormous attention, such as “Business Translation Teaching from the Perspective of Metaphors” (by Dandan Li) which explores application of conceptual metaphor theory in the translation process of business lexicons, business discourse and business English culture so as to provide a new perspective in business English pedagogy. Another study entitled “Cognitive Studies in Translation” (by Xin Huang), analyzes the cognitive studies of translation / interpreting processes over the past three decades, with focus on the issues examined, the findings reached as well as the recent development. She explains that cognitive studies of translation process examine the translation competence, on-line translation behaviors such as how the eye gazes and how the words are typed and the brain activities when doing translation. Special interests are paid to the working memory, problem-solving, the executive function and some linguistic relative factors such as text difficulty. Over the past thirty years, the interest in the field has been gaining considerable momentum and increasing issues have been involved. Finally, she concludes that with the advancement of technologies and interdisciplinary approaches, the black box, the previously unforeseeable cognitive activities of how human process translation, can be unfolded. Considering the importance of integrating theory with practice, the proceedings are therefore compiled in such a way as to be balanced and inclusive in the hope of summarizing current accomplishments as well as providing certain insights for teaching and further research in the field of translation and interpretation studies.
This book presents a systematic account of the role of the personal spiritual ideal of wu-wei--literally "no doing," but better rendered as "effortless action"--in early Chinese thought. Edward Slingerland's analysis shows that wu-wei represents the most general of a set of conceptual metaphors having to do with a state of effortless ease and unself-consciousness. This concept of effortlessness, he contends, serves as a common ideal for both Daoist and Confucian thinkers. He also argues that this concept contains within itself a conceptual tension that motivates the development of early Chinese thought: the so-called "paradox of wu-wei," or the question of how one can consciously "try not to try." Methodologically, this book represents a preliminary attempt to apply the contemporary theory of conceptual metaphor to the study of early Chinese thought. Although the focus is upon early China, both the subject matter and methodology have wider implications. The subject of wu-wei is relevant to anyone interested in later East Asian religious thought or in the so-called "virtue-ethics" tradition in the West. Moreover, the technique of conceptual metaphor analysis--along with the principle of "embodied realism" upon which it is based--provides an exciting new theoretical framework and methodological tool for the study of comparative thought, comparative religion, intellectual history, and even the humanities in general. Part of the purpose of this work is thus to help introduce scholars in the humanities and social sciences to this methodology, and provide an example of how it may be applied to a particular sub-field.
Handbook of Contemporary China by Alvin Y. So,William S. Tay Pdf
Preface / Willam S. Tay and Alvin Y. So -- 1. Development model / Alvin Y. So -- 2. Politics / Kam-Yee Law -- 3. Social change / Xiaogang Wu -- 4. Law / Bin Liang -- 5. Population / Zhongdong Ma -- 6. Ethnicity / Barry Sautman -- 7. Foreign policy / Simon Shen -- 8. Environment / Yok-shiu Lee, Carlos Wing-hung Lo and Anna Ka-Yin Lee -- 9. Urbanization / Fulong Wu -- 10. Higher education / Ka-ho Mok and Li Wang -- 11. Religion / David A. Palmer -- 12. Literature / Ling-tun Ngai -- 13. Cinema / Rui Zhang -- 14. Consumption and leisure / Kevin Latham -- 15. Internet and civil society / Guobin Yang
