Atnaujinkite slapukų nuostatas

Engaging the Law in China: State, Society, and Possibilities for Justice New edition [Kietas viršelis]

Edited by , Edited by , Edited by
  • Formatas: Hardback, 277 pages, aukštis x plotis: 229x152 mm, weight: 508 g, 6 tables, 9 figures
  • Išleidimo metai: 04-Feb-2005
  • Leidėjas: Stanford University Press
  • ISBN-10: 0804750483
  • ISBN-13: 9780804750486
Kitos knygos pagal šią temą:
  • Formatas: Hardback, 277 pages, aukštis x plotis: 229x152 mm, weight: 508 g, 6 tables, 9 figures
  • Išleidimo metai: 04-Feb-2005
  • Leidėjas: Stanford University Press
  • ISBN-10: 0804750483
  • ISBN-13: 9780804750486
Kitos knygos pagal šią temą:
Scholars of law, political science, and history examine the changing role of law in China during the economic changes of the past years. The topics include suing the local state in rural China, Chinas pension reform and its discontents, the politics of rights and identity among veterans in the 1950s, shifting legal and administrative goalposts, and changing police analyses of social unrest. The nine essays were presented at September 2002 conference in Berkeley. Diamant is Associate Professor of Asian law and Culture at Dickinson College. The other editors are Stanley B. Lubman (Chinese law, The Asia Foundation) and Kevin J. OBrien (political science, University of California, Berkeley). Annotation ©2004 Book News, Inc., Portland, OR (booknews.com) This book explores legal mobilization, culture, and institutions in contemporary China from a perspective informed by ‘law and society’ scholarship. This interdisciplinary book of essays addresses critical issues arising from the emergence of legal institutions in contemporary China. One section of the book focuses on the legal process: how law is mobilized by ordinary people to redress injustice, the role of legal culture, the extent to which citizens can sue state officials, and how disputes involving workers and veterans are settled. A second set of papers explores specific legal institutions, such as the security apparatus, “labor reeducation” camps, and rules that punish infringement of intellectual property rights. Almost all the contributors are social scientists who have recently engaged in field research in China. The introduction by the editors and the individual chapters attempt, for the first time, to bring to bear on the study of Chinese law the law-and-society scholarship that has enriched Western legal studies in recent years.

Recenzijos

"This remarkable, perspective-setting study of the evolutions in Chinese law and its place in a changing society [ is] highly beneficial. One can only strongly encourage this type of research, whose multidisciplinary ambitions allow us to grasp, if not in its entirety, at least certain important aspects of a process that tends to make the law the best ally of an emerging social justice."China Perspectives "Engaging the Law in China successfully spans the gap between different approaches to Chinese legal studies, and I hope we will see more along this line in the future. This book is highly recommended"The China Journal "This book is an intrepid and worthy entry into the literature examining China's rapidly developing legal institutions, and especially laudable as a precedent for future investigations into the topic."Cambridge Law Journal "Their Diamant, Lubman, OBrien insights into the roles played by regulators, mediators, arbitrators, police, prosecutors, judges, legislators, and other local government and Communist Party officials leave no doubt that, however limited, imperfect and distinctive Chinas legal processes may be, there is a legal system at work in the P.R.C. and it is ever more important to the polity, economy and society of 1.3 billion people."Far Eastern Economic Review "Engaging the Law in China heralds a rich set of findings in a promising field of study. It not only serves as an important benchmark for future research on the law in contemporary China but also for studies of Chinese state-society relations, past and present. This volume will make an important addition to any course considering these issues."The China Quarterly "[ T]his book is a valuable contribution to research on contemporary China. It can and should be read by individuals with a specific interest in Chinese legal studies, as well as by those with a general interest in state-society relations in the Chinese context."Perspectives on Politics "This important book offers glimpses of this tension between state instrumentalism and social idealism and will be an invaluable addition to the growing literature on Chinese law."Pacific Affairs "By exploring the means through which Chinese law is used by diverse groups against a multitude of parties, the authors of this work offer a refreshing outlook on the advancement of citizen's rights in China."China Review International "This book truly stands alone as most of its chapters are not written by scholars with legal training but by social scientists for whom legal issues are at the core of the fieldwork."Chinese Cross Currents

List of Tables and Figures ix
Acknowledgments xi
Part I. Introduction
1. Law and Society in the People's Republic of China
NEIL J. DIAMANT, STANLEY B. LUBMAN, AND KEVIN J. O'BRIEN
3(28)
Part II. Legal Mobilization and Culture
2. Suing the Local State: Administrative Litigation in Rural China
KEVIN J. O'BRIEN AND LIANJIANG LI
31(23)
3. "Use the Law as Your Weapon!": Institutional Change and Legal Mobilization in China
MARY E. GALLAGHER
54(30)
4. One Law, Two Interpretations: Mobilizing the Labor Law in Arbitration Committees and in Letters and Visits Offices
ISABELLE THIREAU AND HUA LINSHAN
84(24)
5. What's in a Law?: China's Pension Reform and Its Discontents
MARK W. FRAZIER
108(23)
6. Hollow Glory: The Politics of Rights and Identity among PRC Veterans in the 1950's
NEIL J. DIAMANT
131(30)
Part III. Legal Institutions
7. Shifting Legal and Administrative Goalposts: Chinese Bureaucracies, Foreign Actors, and the Evolution of China's Anti-Counterfeiting Enforcement Regime
ANDREW C. MERTHA
161(32)
8. Rethinking Law Enforcement and Society: Changing Police Analyses of Social Unrest
MURRAY SCOT TANNER
193(20)
9. Punishing for Profit: Profitability and Rehabilitation in a Laojiao Institution
H.L. FU
213(18)
List of Contributors 231(2)
Index 233


Neil J. Diamant is Associate Professor of Asian Law and Culture at Dickinson College. Stanley B. Lubman is a specialist on Chinese law and advisor to The Asia Foundation, Lecturer at Boalt Hall, University of California, Berkeley, and author of Bird in a Cage: Legal Reform in China after Mao (Stanford, 2000). Kevin O'Brien is Professor of Political Science at the University of California, Berkeley.