The History and Theory of Legal Practice in China: Toward a Historical-Social Jurisprudence Contributor(s): Huang, Philip C. C. (Editor), Bernhardt, Kathryn (Editor) |
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ISBN: 9004276432 ISBN-13: 9789004276437 Publisher: Brill OUR PRICE: $233.70 Product Type: Hardcover - Other Formats Published: June 2014 |
Additional Information |
BISAC Categories: - History - Law | Administrative Law & Regulatory Practice - Law | General Practice |
Dewey: 349.5 |
LCCN: 2014012708 |
Series: Social Sciences of Practice |
Physical Information: 1.1" H x 6.3" W x 9.4" (1.80 lbs) 456 pages |
Descriptions, Reviews, Etc. |
Publisher Description: The History and Theory of Legal Practice in China: Toward a Historical-Social Jurisprudence goes beyond the either/or dichotomy of Chinese vs. Western law, tradition vs. modernity, and the substantive-practical vs. the formal. It does so by proceeding not from abstract legal texts but from the realities of legal practice. Whatever the declared intent of a law, it must in actual application adapt to social realities. It is the two dimensions of representation and practice, and law and society, that together make up the entirety of a legal system. The assembled articles by the editors and a new generation of Chinese scholars illustrate a new "historical-social jurisprudence," and explore the possible conceptual underpinnings of a modern Chinese legal system that would both accommodate and integrate the unavoidable paradoxes of contemporary China. |