rdf-syntax-grammar
mods:
  schema location: http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
  title info:
    title: Chinese Lawmaking: From Non-communicative to Communicative
  name:
    name part: He, Peng.
    role:
      role term: creator
    role:
      role term: author.
  name:
    name part: SpringerLink (Online service)
  type of resource: text
  origin info:
    place:
      place term: gw
    date issued: 2014
    issuance: monographic
  language:
    language term: eng
  physical description:
    form: electronic
    form: electronic resource
    reformatting quality: access
    form: remote
    extent: XIII, 186 p. 24 illus., 7 illus. in color. online resource.
  abstract: Dr Peng He in her book addresses various issues, drawing on Western and Chinese sources for her argument for a ‘communicative’ theory of law making. This book is both timely and important in the Chinese context. Her argument depends upon the insight that what is important in societies is not just representative democracy but ‘voice’ - the opportunity for individuals to be heard and bring their input into official systems. More than that, she argues that this can also take further the idea of living by the rules as something that is not to be seen as narrow Legalism but as something more akin to living ‘righteously’ – a view which is resonant with parts of Chinese legal thought. This book is also important in the present Chinese context in another way. The developing economy necessitates substantial legal reform. But applying Western models to China can often be naïve and not fully fulfil their intended purpose. Peng He’s work addresses this by looking at the process of legislation in connection with legal reform. It is grounded in a sound theoretical reflection of both the process of legal transplantation and the process of law making, and looks both at Western and Chinese sources. Such an approach needs to draw from several intellectual traditions and it is this interdisciplinary, foundational research that is the task Dr He has set herself in her project. Her theory will provide an abstract theoretical framework that is sensitive to local conditions, while at the same time incorporating insights on law reform from a broad range of disciplines. Her research is of direct practical relevance for reforming the legislative process in China. -- Professor Zenon Bańkowski The University of Edinburgh.
  table of contents: Introduction -- Chinese Contemporary Lawmaking: Reality And Problems -- The Legitimation Of Chinese Lawmaking (I) -- The Legitimation Of Chinese Lawmaking (II): Chinese Legalism -- Lawmaking In Jurisprudence (I) -- Lawmaking In Jurisprudence (II) -- Communicative Lawmaking In China -- Retrospect And Prospect.
  note: by Peng He.
  subject:
    topic: Law
  subject:
    topic: Law
    topic: Philosophy
  subject:
    topic: Law
  subject:
    topic: Theories of Law, Philosophy of Law, Legal History
  classification: K201-487
  classification: B65
  classification: K140-165
  classification: 340.1
  related item:
    title info:
      title: Springer eBooks
  related item:
    title info:
      title: Understanding China
  identifier: 9783642395079
  identifier: http://dx.doi.org/10.1007/978-3-642-39507-9
  record info:
    record creation date: 130930
    record change date: 20151030031026.0
    record identifier: 978-3-642-39507-9