Chinese Family and Commercial Law PDF Download

Author: George Jamieson
Publisher:
ISBN:
Category : Commercial law
Languages : en
Pages : 206

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Author: Geoffrey MacCormack
Publisher: University of Georgia Press
ISBN: 9780820317229
Category : Law
Languages : en
Pages : 292

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By the end of the eighth century A.D., imperial China had established a system of administrative and penal law, the main institutions of which lasted until the collapse of the Ch'ing dynasty in 1911. The Spirit of Traditional Chinese Law studies the views held throughout the centuries by the educated elite on the role of law in government, the relationship between law and morality, and the purpose of punishment. Geoffrey MacCormack's introduction offers a brief history of legal development in China, describes the principal contributions to the law of the Confucian and Legalist schools, and identifies several other attributes that might be said to constitute the "spirit" of the law. Subsequent chapters consider these attributes, which include conservatism, symbolism, the value attached to human life, the technical construction of the codes, the rationality of the legal process, and the purposes of punishment. A study of the "spirit" of the law in imperial China is particularly appropriate, says MacCormack, for a number of laws in the penal codes on family relationships, property ownership, and commercial transactions were probably never meant to be enforced. Rather, such laws were more symbolic and expressed an ideal toward which people should strive. In many cases even the laws that were enforced, such as those directed at the suppression of theft or killing, were also regarded as an emphatic expression of the right way to behave. Throughout his study, MacCormack distinguishes between "official," or penal and administrative, law, which emanated from the emperor to his officials, and "unofficial," or customary, law, which developed in certain localities or among associations of merchants and traders. In addition, MacCormack pays particular attention to the law's emphasis on the hierarchical ordering of relationships between individuals such as ruler and minister, ruler and subject, parent and child, and husband and wife. He also seeks to explain why, over nearly thirteen centuries, there was little change in the main moral and legal prescriptions, despite enormous social and economic changes.

Author: Roman Tomasic
Publisher: Routledge
ISBN: 1351571540
Category : History
Languages : en
Pages : 562

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The shift of economic gravity towards East Asia requires a critical examination of law's role in the Asian Century. This volume explores the diverse scholarly perspectives on law's role in the economic rise of East Asia and moves from general debates, such as whether law enjoys primacy over culture, state intervention or free markets in East Asian capitalism, to specific case studies looking at the nature of law in East Asian negotiations, contracts, trade policy and corporate governance. The collection of articles exposes the clefts and cleavages in the scholarly literature explaining law's form, function and future in the Asian Century.

Author: Roman Tomasic
Publisher: Routledge
ISBN: 1317115996
Category : Law
Languages : en
Pages : 574

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Insolvency law reform has become a subject of public urgency in many countries in the past two decades and particularly in much of Asia over the last ten years. This volume provides an overview of insolvency laws and related rules and procedures in the countries of East Asia. The book comprises two introductory chapters dealing with issues such as legal culture and cross-border insolvency, before examining the fourteen principal jurisdictions in the region. Each chapter addresses the key themes of different insolvency regimes, such as: the legal system and culture; personal insolvency laws; corporate insolvency rules; court-based schemes of arrangement; winding-up procedures; liquidators; enforcement; and offences. This title will be an invaluable guide to academics, practitioners and policy makers working in the areas of comparative and commercial law.

Author:
Publisher:
ISBN:
Category : World politics
Languages : en
Pages : 546

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Author:
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Category : China
Languages : en
Pages : 516

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Author: Samuel Couling
Publisher:
ISBN:
Category : China
Languages : en
Pages : 514

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Author: Anatol M. Kotenev
Publisher:
ISBN:
Category : Capitulations
Languages : en
Pages : 586

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Author: Rubie S. Watson
Publisher: Univ of California Press
ISBN: 9780520071247
Category : History
Languages : en
Pages : 408

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Until now our understanding of marriage in China has been based primarily on observations made during the twentieth century. The research of ten eminent scholars presented here provides a new vision of marriage in Chinese history, exploring the complex interplay between marriage and the social, political, economic, and gender inequalities that have so characterized Chinese society.

Author: Bettine Birge
Publisher: Cambridge University Press
ISBN: 1139431072
Category : History
Languages : en
Pages : 369

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This book, originally published in 2002, argues that the Mongol invasion of the thirteenth century precipitated a transformation of marriage and property law in China that deprived women of their property rights and reduced their legal and economic autonomy. It describes how after a period during which women's property rights were steadily improving, and laws and practices affecting marriage and property were moving away from Confucian ideals, the Mongol occupation created a new constellation of property and gender relations that persisted to the end of the imperial era. It shows how the Mongol-Yüan rule in China ironically created the conditions for radical changes in the law, which for the first time brought it into line with the goals of Learning the Way Confucians and which curtailed women's financial and personal autonomy. The book evaluates the Mongol invasion and its influence on Chinese law and society.