Cover

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Title Page, Copyright, Series Page, Dedication

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Contents

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pp. v-vi

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Foreword

Wejen Chang

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pp. vii-xii

Since the late nineteenth century, when China began its modernization, fazhi, a translation of the Western term "the rule of law," has gained popularity among the Chinese-first the intellectuals, then the common people. Now most Chinese want to see fazhi established in China, and some have actually tried to implement the idea. ...

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Acknowledgments

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pp. xiii-xiv

The editors of a collective endeavor that has taken shape over as many years as this volume owe many debts. The discussions about the rule of law in a Chinese context that prompted the volume began in the East Asian Legal Studies Program at Harvard Law School. ...

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Introduction: The Problem of Paradigms

Karen G. Turner

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pp. 3-19

Xunzi's reflections about the place of law in state and society in classical China display an astute understanding that formal rules are both necessary and limited. His conviction that morally indoctrinated rulers and magistrates can most effectively resolve the inevitable conflicts that arise when human desires outstrip available resources represents a dominant strand in Chinese political theory. ...

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1 / Conceptions and Receptions of Legality: Understanding the Complexity of Law Reform in Modern China

Yuanyuan Shen

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pp. 20-44

During the late 1970s, China's government launched the initial post Cultural Revolution efforts at law reform, the "legalization movement." The legal reform was designed primarily to foster economic modernization, but it also aimed to build what Chinese leaders called a "socialist fazhi," or socialist legality.1 ...

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2 / Law, Law, What Law? Why Western Scholars of China Have Not Had More to Say about its Law

William P. Alford

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pp. 45-64

The first substantive question posed to me as I commenced my graduate work in Chinese studies during the autumn of 1972 was by the late Arthur Wright, who asked why I, a young man of seeming intelligence, was intent on wasting my time on the study of Chinese legal history. ...

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3 / Using the Past to Make a Case for the Rule of Law

Jonathan K. Ocko

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pp. 65-87

In the late 1970s and early 1980s as the People's Republic of China moved to leave behind it the lawlessness of the Cultural Revolution, it followed a path marked by detours, reversals, and hesitant advances: Article 45 of the new 1978 Constitution (which replaced the 1975 version drafted by the Gang of Four) was quickly amended to excise the "four bigs"2 ...

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4 / Rule of Man and the Rule of Law in China: Punishing Provincial Governors during the Qing

R. Kent Guy

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pp. 88-111

The notion of the rule of law has become so much a part of contemporary Western political discourse that it has been reified, to a degree at least. In particular, Americans have come to regard a variety of the assumptions of their own legal system as necessarily concomitant with the existence of a framework of law. ...

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5 / Collective Responsibility in Qing Criminal Law

Joanna Waley-Cohen

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pp. 112-131

The traditional Chinese practice of defining a person's identity in relation to others, rather than in individual terms, virtually ruled out the possibility of asserting complete independence of action. Chinese jurisprudence displayed the influence of this approach from the earliest times, ...

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6 / True Confessions? Chinese Confessions Then and Now

Alison W. Conner

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pp. 132-162

Readers of nineteenth-century Western accounts of Chinese criminal justice have long been familiar with their grim depictions of late Qing trials, particularly the torture applied to recalcitrant defendants to extract confessions. Justus Doolittle, for example, reported in the 1860s that "jailers unlawfully torture the prisoner for the purpose of extorting money, ...

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7 / Law and Discretion in Contemporary Chinese Courts

Margaret Y. K. Woo

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pp. 163-195

Since the economic reforms initiated in 1978, China has touted its commitment to becoming a state governed by the "rule of law, not of individuals." The idea has been put forth that rules, not the arbitrary wishes of powerful individuals, will govern affairs in the country. ...

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8/ Equality and Justice in Official and Popular Views about Civil Obligations: China and Taiwan

Pitman B. Potter

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pp. 196-220

Official and popular ideas about law in contemporary China and Taiwan help determine the content and operation of specific legal rules, institutions, and processes in these two regions. Ideas about equality and justice are part of the underlying foundation for legal culture and serve as the standard against which the content and operation of law are viewed by members of society who are the subjects of legal regulation. ...

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9 / Language and Law: Sources of Systemic Vagueness and Ambiguous Authority in Chinese Statutory Language

Claudia Ross, Lester Ross

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pp. 221-270

The legal system of the People's Republic of China has developed at a very rapid, albeit uneven, rate since the start of the reform era in late 1978.1 The foundation of legal development lies in the legislative arena, where dozens of statutes have been enacted,2 and in the regulatory arena, where many more sets of regulations have been promulgated.3 ...

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10 / The Future of Federalism in China

Tahirih V. Lee

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pp. 271-303

Centripetal forces attending the decentralization of China's government and the diversification of its economy, calls for democracy and separation of powers from China's intellectuals, and the persisting separatist claims of China's ethnic and religious minorities are challenging the central government to modify the unitary structure of China's legal system. ...

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11 / The Rule of Law Imposed from Outside: China's Foreign-Oriented Legal Regime since 1978

James V. Feinerman

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pp. 304-324

In the 1970s, one of the pioneers in the study of modern Chinese law in the Western world, Victor Li, wrote a book titled Law without Lawyers.1 Subtitled "A Comparative View of Law in China and the United States," it surveyed salient differences between the two countries with respect to the extent and sophistication of their formal legal regimes. ...

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Epilogue: The Deep Roots of Resistance to Law Codes and Lawyers in China

Jack L. Dull

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pp. 325-330

The introduction of written laws in the states of north China in the sixth century B.C. was a difficult task. Sorting out the reasons for this early resistance to codified law and the fate of one of China's earliest known legal experts, Deng Xi (d. 501 B.C.), offers some insight into just what it was about written laws and those who used them that so troubled conservative critics then-and now. ...

Contributors

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pp. 331-334

Index

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pp. 335-348