Examining Practice, Interrogating Theory PDF Download

Author: Penelope (Pip). Nicholson
Publisher: BRILL
ISBN: 9004165185
Category : Law
Languages : en
Pages : 369

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Book Description
Legal transplantation and reform in the name of globalisation is central to the transformation of Asian legal systems. The contributions to "Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia" analyse particular legal changes in China, Indonesia, Malaysia, Singapore, Thailand, Taiwan, and Vietnam. The contributions also concurrently critically analyse the utility of scholarly developments in comparative legal studies, particularly discourse analysis; regulatory theory; legal pluralism; and socio-legal approaches, in the study of Asian legal systems. While these approaches are regularly invoked in the study of transforming European legal systems, the debate of their relevance and explanatory capacity beyond the European context is recent. By bringing together these diverse analytical tools and enabling a comparison of their insights through Asian empirical case studies, this book makes an invaluable contribution to the debates concerning legal change and the methods by which it is analysed globally, and within Asia.

Author: Chenxia Shi
Publisher: Routledge
ISBN: 1136338365
Category : Law
Languages : en
Pages : 287

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Book Description
This book investigates the key factors shaping corporate governance in China and presents a sophisticated study of corporate governance in China from a comparative and historical perspective. Drawing on extensive corporate governance literature, this book articulates why path dependence theory is the most effective framework for interpreting the development path of Chinese corporate governance. Chenxia Shi reviews the historical role of government in commercial development and regulation in dynastic China and in early corporate law-making, followed by an account of China’s legal and economic development over the last three decades. This historical inquiry identifies government control as the key feature of economic and market regulation in China. In particular, this book canvasses the evolution of governance of State-Owned Enterprises and listed companies, major corporate governance problems, regulatory challenges posed by China’s increasing participation in economic globalization, and enforcement difficulties particularly in relation to investor protection, directors’ duties and accountability. Ultimately, Political Determinants of Corporate Governance in China demonstrates that corporate governance in China is largely determined by political imperatives and those political imperatives have been shaped and re-shaped in a historical process.

Author: Kitty te Riele
Publisher: Springer
ISBN: 9463001212
Category : Education
Languages : en
Pages : 243

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Book Description
Young people who are considered ‘vulnerable’ or ‘at risk’ are a particular target of various policies, schemes and interventions. But what does vulnerability mean? Interrogating Conceptions of “Vulnerable Youth” explores this question in relation to various policy fields that are relevant to young people, as well for how this plays out in practice and how it is experienced by young people themselves. What makes this book unique is that most authors had the opportunity to jointly explore these issues during a two-day workshop, and their chapters are informed by their cross-agency and cross-discipline discussions, making for a nuanced and thoughtful set of contributions. This collection is highly recommended for researchers and research students in the social sciences, as well as professional staff working in youth policy and youth services, in government departments and in NGOs. “Those who are most vulnerable should receive our greatest moral attention. However, the translation of generalised moral principles into effective policy and programs has never been easy. Political interests have invariably intervened, leading to complex debates about how vulnerability should be defined, classified, measured and represented. In recent years, these debates have become further complicated, as nation-states around the world have preached austerity. This timely book suggests that the responsibility for protecting the vulnerable cannot be left to individuals, but demands collective action, through institutions such as education, health and welfare. It examines some of the ways in which public policies and programs represent those who are vulnerable, involving a range of assumptions about the social, economic and political conditions that produce their vulnerabilities.” From the Foreword by Professor Fazal Rizvi

Author: Michael H. K. Ng
Publisher: Routledge
ISBN: 1317674960
Category : History
Languages : en
Pages : 189

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Book Description
"Practicing law" has a dual meaning in this book. It refers to both the occupational practice of law and the practicing of transplanted laws and institutions to perfect them. The book constitutes the first monographic work on the legal history of Republican Beijing, and provides an in-depth and comprehensive account of the practice of law in the city of Beijing during a period of social transformation. Drawing upon unprecedented research using archived records and other primary materials, it explores the problems encountered by Republican Beijing’s legal practitioners, including lawyers, policemen, judges and criminologists, in applying transplanted laws and legal institutions when they were inapplicable to, incompatible with, or inadequate for resolving everyday legal issues. These legal practitioners resolved the mismatch, the author argues, by quite sensibly assimilating certain imperial laws and customs and traditional legal practices into the daily routines of the recently imported legal institutions. Such efforts by indigenous legal practitioners were crucial in, and an integral part of, the making of legal transplantation in Republican Beijing. This work not only makes significant contributions to scholarship on the legal history of modern China, but also offers insights into China’s quest for modernization in its first wave of legal globalization. It is thus of great value to legal historians, comparative legal scholars, specialists in Chinese law and China studies, and lawyers and law students with an interest in Chinese legal history.

Author: Christoph Antons
Publisher: Routledge
ISBN: 1317337395
Category : Law
Languages : en
Pages : 771

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Book Description
The Routledge Handbook of Asian Law is a cutting-edge and comprehensive resource which surveys the interdisciplinary field of Asian Law. Written by an international team of experts, the chapters within cover issues as diverse as family law and Islamic courts, decentralisation and the revival of traditional forms of law, discourses on the rule of law, human rights, corporate governance and environmental protection The volume is divided into five parts covering: Asia in Law, and the Humanities and Social Sciences; The Political Economy of Law in Asia - Law in the Context of Asian Development; Asian traditions and their transformations; Law, the environment, and access to land and natural resources; People in Asia and their rights. Offering an overview of the full spectrum of Law in Asia, the Handbook is an invaluable resource for academics, researchers, lawyers, graduate and undergraduate students studying this ever-evolving field.

Author: John Gillespie
Publisher: Cambridge University Press
ISBN: 1107018935
Category : Business & Economics
Languages : en
Pages : 403

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Book Description
Leading scholars provide a fresh theoretical look at the reasons why many legal development projects fail and explore in rich empirical detail how different societies interpret global legal reforms and the implications of this for development aid.

Author: Mohammad Hashim Kamali
Publisher:
ISBN: 019091064X
Category : History
Languages : en
Pages : 465

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Book Description
In Crime and Punishment in Islamic Law: A Fresh Interpretation, Mohammad Kamali considers problems associated with and proposals for reform of the hudud punishments prescribed by Islamic criminal law, and other topics related to crime and punishment in Shariah. He examines what the Qur'an and hadith say about hudud punishments, as well as just retaliation (qisas), and discretionary punishments (ta'zir), and looks at modern-day applications of Islamic criminal law in 15 Muslim countries. Particular attention is given to developments in Malaysia, a multi-religious society, federal state, and self-described democracy, where a lively debate about hudud has been on-going for the last three decades. Malaysia presents a particularly interesting case study of how a reasonably successful country with a market economy, high levels of exposure to the outside world, and a credible claim to inclusivity, deals with Islamic and Shariah-related issues. Kamali concludes that there is a significant gap between the theory and practice of hudud in the scriptural sources of Shariah and the scholastic articulations of jurisprudence of the various schools of Islamic law, arguing that literalism has led to such rigidity as to make Islamic criminal law effectively a dead letter. His goal is to provide a fresh reading of the sources of Shariah and demonstrate how the Qur'an and Sunnah can show the way forward to needed reforms of Islamic criminal law.

Author: John Gillespie
Publisher: Routledge
ISBN: 1136978429
Category : Law
Languages : en
Pages : 436

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Book Description
Although the adoption of market reforms has been a key factor leading to China’s recent economic growth, China continues to be governed by a communist party and has a socialist-influenced legal system. Vietnam, starting later, also with a socialist-influenced legal system, has followed a similar reform path, and other countries too are now looking towards China and Vietnam as models for development. This book provides a comprehensive, comparative assessment of legal developments in China and Vietnam, examining similarities and differences, and raising important questions such as: Is there a distinctive Chinese model, and/or a more general East Asian Model? If so, can it be flexibly applied to social and economic conditions in different countries? If it cannot be applied to a culturally and politically similar country like Vietnam, is the model transportable elsewhere in the world? Combining ‘micro’ or interpretive methods with ‘macro’ or structural traditions, the book provides a nuanced account of legal reforms in China and Vietnam, highlighting the factors likely to promote, change or resist the spread of the Chinese model.

Author: Stacey Steele
Publisher: Routledge
ISBN: 113518237X
Category : Business & Economics
Languages : en
Pages : 349

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Book Description
This book is a critique of the rapidly changing nature of legal education in major Asian jurisdictions as diverse as Afghanistan, Australia, Cambodia, China, Hong Kong, Indonesia, Japan, Korea, Singapore, Taiwan and Vietnam. It provides cross-country comparative material, including western legal education systems, and particularly detailed coverage of Japan.

Author: Susan Kneebone
Publisher: Routledge
ISBN: 1135046905
Category : Law
Languages : en
Pages : 367

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Book Description
Sixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns for hosting states and regions, for countries of origin, for humanitarian organisations on the ground, and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary ‘refugeehood’: protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times. The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidents of refoulement. It argues that ‘Protection’, which is a core focus of the Refugee Convention, appears to be under threat, as there are many gaps and inconsistencies in practice. Contributors to the volume, who include Erika Feller, Elspeth Guild, Hélène Lambert and Roger Zetter, look at the relevant issues from the perspective of a number of different disciplines including law, politics, sociology, and anthropology. The chapters examine the link between identity and protection as a basis for understanding how the Refugee Convention has been and is being applied in policy and practice. The situation in a number of jurisdictions and regions in Europe, North America, South East Asia, Africa and the Middle East is explored in order to ask the question does jurisprudence under the Refugee Convention need better coordination and how successful is oversight of the Convention?