Compartmentalized Law and Judicial Restraint: An Inductive View of Some Jurisdictional Barriers to Reform

1995 ◽  
Vol 141 ◽  
pp. 82-109 ◽  
Author(s):  
Anthony R. Dicks
Keyword(s):  
Legal System ◽  
Cultural Revolution ◽  
Similar Process ◽  
Chinese Society ◽  
Court Decisions ◽  
Thought Processes ◽  
Chinese Law ◽  
Legal Documents ◽  
The World ◽  
Growing Body

Among the various classes of legal documents which have become publicly available in China in recent years, few are more interesting than the growing body of reported decisions by courts and other institutions. Usually resulting, directly or indirectly, from litigation or some similar process, these interpretative rulings and decided cases have appeared in increasing numbers in the nine years following the first publication of the Supreme People's Court's own gazette. Since then a number of general collections of judicial interpretations and abstracts of court decisions have been brought out, some of which pre-date the Cultural Revolution. The Supreme People's Court now supplements its gazette with periodical collections of reports of cases, and more specialized collections of interpretations and cases have been published to meet various specific needs, academic and professional.Access to material of this kind on a larger scale than hitherto sheds light on various aspects of the Chinese legal system itself which for foreign observers were previously obscure. Moreover, although most of the cases and decisions which are published emanate from the higher levels of the legal hierarchy, they bring the reader closer both to the practical workings of the legal system and to the thought processes which guide it.The question which inevitably arises is whether these newly available materials should be regarded as providing more than just a heightened awareness of the dynamics of Chinese society and its legal system. Outside China, the study of Chinese law is increasingly regarded not merely as a discipline for the description and analysis of a specialized category of Chinese institutions, but more importantly as a source of detailed prescriptive norms of the kind expected from legal systems in the world as a whole.

Civil Adoption in Contemporary Chinese Law: A Contract to Care

1989 ◽  
Vol 23 (2) ◽  
pp. 373-410 ◽  
Author(s):  
Michael J. E. Palmer
Keyword(s):  
Legal System ◽  
Cultural Revolution ◽  
Social Life ◽  
Public Awareness ◽  
Chinese Society ◽  
Chinese Law ◽  
Norms And Values ◽  
Legal Structures ◽  
The Law ◽  
The Cultural Revolution

An outstanding feature of the far-reaching plans for development which China has been earnestly promoting under the general rubric of the ‘four modernizations’ is the post-Mao leadership's determined effort to revive and thoroughly institutionalize a meaningful and formal legal system. There is an obvious and sharp distinction between the policies towards law pursued during the period between the mid-1950s and the mid-1970s and the more recent attempts to fashion a pivotal role for law in Chinese society. Throughout much of the course of socialist rule China's leaders have been concerned not with promoting effective legal institutions but, rather, with the direct insertion of extrinsic political norms and values into the law. During the Cultural Revolution many important legal structures ceased to function. In contrast, in the years since 1978 an important aspect of the rigorous political reaction to the uncertainty and conflict of the Cultural Revolution has been unequivocal support for the establishment of a sound legal system. The leadership now believes that systematic and regulated law-making, public awareness of the law, and proper application of the rules should be integral elements in the administration of justice in the PRC. The hope is that this approach will prevent the recurrence of arbitrary political rule, curb reliance on ‘connections’ or guanxi in bureaucratic conduct, promote economic growth and generally encourage the development of a more predictable and orderly social life.

"Aesthetic Craze" in China — Its Cause and Significance

1997 ◽  
Vol 7 (3) ◽  
pp. 27-35
Author(s):  
Jianping Gao ◽  
Keyword(s):  
Cultural Revolution ◽  
Western Culture ◽  
Chinese Society ◽  
Liberation Movement ◽  
The World ◽  
Artistic Theory ◽  
The Cultural Revolution

From 1978 to 1985 there was a craze for aesthetics in China. This was anticipated by a "great aesthetics discussion" between 1956 and 1962, but its cause lay more in its significance for Chinese society immediately after the Cultural Revolution. It played an important part in the ideological liberation movement, which transformed the minds of the Chinese; it encouraged the spread of Western ideas in China, and it broke up the ossified Zhdanovist system in Uterary and artistic theory, making the Chinese reflect on their own tradition, recognize Western culture and thus try to develop an aesthetics of both China and the world.

Adab Konstitusi; Upaya Meluruskan Kesesatan Pikir Konstitusi

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Yogi Prasetyo
Keyword(s):  
Legal System ◽  
The Political ◽  
Legal Basis ◽  
Political Interests ◽  
The World

The Constitution as the legal basis for formation of legislation in the system of Indonesia. The misuse of the constitution (UUD 1945) by the political interests of goverment caused mislead and made the situation of the nation getting worse. Liberal capitalistic value wrapped in modern positivistic legal system that puts the ratio had diverge from culture constitution. needs to be clarified with the balance of conscience through culture constitution. Culture constitution is a constitutional concept who saw citizen of Indonesia as creatures of God by virtue of intelligence and unseen. So with that constitution is formed, conceived and executed to be qualified and to bring the benefit of the world and the hereafter.

Unmaking and Remaking the World in Long-Term Solitary Confinement

2018 ◽  
Vol 1 (1) ◽  
pp. 16
Author(s):  
Lisa Guenther
Keyword(s):  
The Body ◽  
Solitary Confinement ◽  
Hunger Strike ◽  
State Prison ◽  
Legal Documents ◽  
The Social ◽  
The World ◽  
Collective Resistance ◽  
Civil Death

In The Body in Pain, Elaine Scarry analyzes the structure of torture as an unmaking of the world in which the tools that ought to support a person’s embodied capacities are used as weapons to break them down. The Security Housing Unit (SHU) of California’s Pelican Bay State Prison functions as a weaponized architecture of torture in precisely this sense; but in recent years, prisoners in the Pelican Bay Short Corridor have re-purposed this weaponized architecture as a tool for remaking the world through collective resistance. This resistance took the form of a hunger strike in which prisoners exposed themselves to the possibility of biological death in order to contest the social and civil death of solitary confinement. By collectively refusing food, and by articulating the meaning and motivation of this refusal in articles, interviews, artwork, and legal documents, prisoners reclaimed and expanded their perceptual, cognitive, and expressive capacities for world-making, even in a space of systematic torture.

scholarly journals From “the Moon Is Rounder Abroad” to “Bravo, My Country”: How China Misperceives the World

2021 ◽  
Vol 56 (1) ◽  
pp. 112-130 ◽  
Author(s):  
Haifeng Huang
Keyword(s):  
Large Scale ◽  
Chinese Society ◽  
The Moon ◽  
Foreign Countries ◽  
The Social ◽  
The World ◽  
Long Time ◽  
Global Affairs ◽  
Chinese Public

AbstractFor a long time, since China’s opening to the outside world in the late 1970s, admiration for foreign socioeconomic prosperity and quality of life characterized much of the Chinese society, which contributed to dissatisfaction with the country’s development and government and a large-scale exodus of students and emigrants to foreign countries. More recently, however, overestimating China’s standing and popularity in the world has become a more conspicuous feature of Chinese public opinion and the social backdrop of the country’s overreach in global affairs in the last few years. This essay discusses the effects of these misperceptions about the world, their potential sources, and the outcomes of correcting misperceptions. It concludes that while the world should get China right and not misinterpret China’s intentions and actions, China should also get the world right and have a more balanced understanding of its relationship with the world.

China’s Fairness Discourses and Allocation of Climate Responsibility

2021 ◽  
Vol 5 (1) ◽  
pp. 63-95
Author(s):  
Feiyue Li
Keyword(s):  
Climate Change ◽  
Legal System ◽  
Fair Allocation ◽  
Active Engagement ◽  
Global Response ◽  
Climate Change Negotiations ◽  
The World ◽  
International Climate ◽  
International Legal System ◽  
Per Capita

Abstract The idea of ‘fairness’ may be viewed as fundamental to a nation’s participation in the development of the international legal system governing climate change. As the second-largest economy and the largest Greenhouse Gas (GHG) emitter in the world, China’s actions on climate change are critical to the global response. Indeed, international cooperation on climate change is unlikely to succeed without China’s active engagement. Therefore, China’s perception of the fairness of responsibility allocation will significantly influence its attitudes toward its international climate responsibilities. However, limited work has been done to date to concretely examine China’s perspective of the fairness of responsibility allocation and to understand its fairness discourses and practices of climate responsibility in a dynamically evolved process. This article aims to fill that gap in the literature by elucidating how China perceives the fair allocation of climate responsibility and how its fairness discourses and practices have evolved over the course of the three phases of international climate change negotiations. It will be shown that China has perceived the factors of historically accumulated emissions, per capita emissions and capability to lie at the very core of its understanding of fairness.

Die harte Schule der neuen Gewalt

2021 ◽  
Author(s):  
Bernhard Rinke
Keyword(s):  
Cold War ◽  
Thought Processes ◽  
The World ◽  
The Face ◽  
The Cold War ◽  
Violent Conflicts ◽  
East West

This study examines the fundamental new direction in German theological peace ethics since the end of the East–West conflict. It guides the reader through the thought processes and discoveries of leading Catholic and Protestant peace ethicists and, in doing so, through the significant developments in theological peace ethics in Germany amid the tough new realities that have emerged since the end of the Cold War. In addition, the book discusses the normative premises for conduct conducive to peace which German theological peace ethics has devised in order to fulfil its responsibility to the world in the face of today’s new, violent conflicts.

Distinction between Dolus and Culpa with reference to Arson in Zakon Sudnyj LJudem, the Vinodol Law and the Statute of Senj

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Daniel Haman ◽  
◽  
◽  
Keyword(s):  
Criminal Law ◽  
The Other ◽  
Legal Documents ◽  
The Third ◽  
Other Hand ◽  
Criminal Offenses ◽  
The World ◽  
The Difference ◽  
Different Levels ◽  
Better Than

The difference between intent (dolus) and negligence (culpa) was rarely emphasized in codified medieval laws and regulations. When compared to the legal statements related to intent, negligence was mentioned even more rarely. However, there are some laws that distinguished between the two concepts in terms of some specific crimes, such as arson. This paper draws attention to three medieval Slavic legal documents – the Zakon Sudnyj LJudem (ZSLJ), the Vinodol Law and the Statute of Senj. They are compared with reference to regulations regarding arson, with the focus being on arson as a crime committed intentionally or out of negligence. The ZSLJ as the oldest known Slavic law in the world shows some similarities with other medieval Slavic legal codes, especially in the field of criminal law, since most of the ZSLJ’s articles are related to criminal law. On the other hand, the Vinodol Law is the oldest preserved Croatian law and it is among the oldest Slavic codes in the world. It was written in 1288 in the Croatian Glagolitic script and in the Croatian Chakavian dialect. The third document – the Statute of Senj – regulated legal matters in the Croatian littoral town of Senj. It was written in 1388 – exactly a century after the Vinodol Law was proclaimed. When comparing the Vinodol Law and the Statute of Senj with the Zakon Sudnyj LJudem, there are clear differences and similarities, particularly in the field of criminal law. Within the framework of criminal offenses, the act of arson is important for making a distinction between intent and negligence. While the ZSLJ regulates different levels of guilt, the Vinodol Law makes no difference between dolus and culpa. On the other hand, the Statute of Senj strictly refers to negligence as a punishable crime. Even though the ZSLJ is almost half a millennium older than the Statute of Senj and around 400 years older than the Vinodol Law, this paper proves that the ZSLJ defines the guilt and the punishment for arson much better than the other two laws.

Appropriating Law in Harriet Beecher Stowe's Dred

2007 ◽  
Vol 62 (3) ◽  
pp. 380-406 ◽  
Author(s):  
Laura H. Korobkin
Keyword(s):  
North Carolina ◽  
Legal System ◽  
Slave System ◽  
Personal Beliefs ◽  
Great Dismal Swamp ◽  
Dismal Swamp ◽  
The World ◽  
The Law ◽  
The Many ◽  
The Individual

This essay investigates Harriet Beecher Stowe's interpolation of State v. Mann, a harsh 1829 North Carolina proslavery decision, into her 1856 novel Dred: A Tale of the Great Dismal Swamp. The essay argues that Stowe's use of State v. Mann continues a conversation about slavery that had been carried on through its text for many years in abolitionist writings. Bringing State v. Mann's circulation history into view shows Stowe engaging the antislavery establishment as well as the legal system, borrowing and imitating its techniques for handling proslavery materials. If her novel is infiltrated and structured by the many legal writings that it assimilates, its fictive world in turn infiltrates, interprets, and alters the significance of the writings she employs, so that proslavery legal writings are made to testify strongly against the slave system that they originally worked to maintain and enforce. Stowe's hybrid text dominates the law while smoothly assimilating it into an interpretive fictive context. Simultaneously, Stowe's typographical cues remind readers of State v. Mann's ongoing, destructive extratextual legal existence. By linking fictive context to legal content, Stowe's novel suggests that slave law must be read and interpreted as a unit that includes the individual suffering it imposes. Misreading State v. Mann as revealing its author's belief in the immorality of slavery, Stowe constructs a fictional judge who upholds slave law despite his personal beliefs. By absorbing, imitating, and besting the strategies and the reach of both legal and abolitionist writings, Dred implicitly stakes a claim for the superior power of political fiction to act in the world.

scholarly journals A Brief Study of Principles and Conditions of Certain Authorities of Religious Minorities in Iran’s Law

2016 ◽  
Vol 12 (3) ◽  
pp. 196
Author(s):  
Abdossaeid Badiei Khorsand ◽  
Farhad Parvin
Keyword(s):  
Small Groups ◽  
Legal System ◽  
Ethnic Background ◽  
Religious Minorities ◽  
Civil Action ◽  
The World

<p>There is hardly a country or a government in the world which all its citizens are of the same race or ethnic background, speak the same language or follow the same religion. Indeed, there is one majority in most countries in the world which have the same history, culture, language, religion and nationality. Besides, there are some small groups in those countries that have their own ethnical, lingual and religious characteristics called minorities. The religious minorities which are part of each society are citizens of that society and as a result, they have the rights and promises like other citizens in the same society. Religious minorities have always been given special attention in holy Sharia of Islam and they have lived next to Muslims during centuries and, consequently, they have had rights and promises. One of the privileges given to the religious minorities is their legal independence for taking civil action by religious minorities. Such issue has been considered by legislator in different laws in Iran. So that it necessitates an analysis of its principles and conditions for taking civil actions concerning the approved laws in legal system of Iran. The present paper aims at shedding some lights on the same subject. </p>

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