Author: Wen-Yeu Wang
Publisher: Springer Science & Business Media
ISBN: 3319034464
Category : Law
Languages : en
Pages : 248
Book Description
This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. Since codification is a subject of intense current interest in East Asia, this second volume on codification is dedicated to the sub-theme of codification and legal transplant in this area, focusing on China, Japan, Korea and Taiwan. It includes two papers that discuss development of codification in East Asia and Korea in particular. It is also comprised of two reports that draw comparative lessons from Japan, India and Indonesia. In addition, this volume consists of four general reports and 19 national reports that guide readers through the knowledge of codification of commercial law, administrative law, civil law and private international law in East Asia. This book is developed from papers presented at the 2012 Thematic Conference of the International Academy of Comparative Law.
Codification in East Asia
Author: Wen-Yeu Wang
Publisher: Springer Science & Business Media
ISBN: 3319034464
Category : Law
Languages : en
Pages : 248
Book Description
This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. Since codification is a subject of intense current interest in East Asia, this second volume on codification is dedicated to the sub-theme of codification and legal transplant in this area, focusing on China, Japan, Korea and Taiwan. It includes two papers that discuss development of codification in East Asia and Korea in particular. It is also comprised of two reports that draw comparative lessons from Japan, India and Indonesia. In addition, this volume consists of four general reports and 19 national reports that guide readers through the knowledge of codification of commercial law, administrative law, civil law and private international law in East Asia. This book is developed from papers presented at the 2012 Thematic Conference of the International Academy of Comparative Law.
Publisher: Springer Science & Business Media
ISBN: 3319034464
Category : Law
Languages : en
Pages : 248
Book Description
This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. Since codification is a subject of intense current interest in East Asia, this second volume on codification is dedicated to the sub-theme of codification and legal transplant in this area, focusing on China, Japan, Korea and Taiwan. It includes two papers that discuss development of codification in East Asia and Korea in particular. It is also comprised of two reports that draw comparative lessons from Japan, India and Indonesia. In addition, this volume consists of four general reports and 19 national reports that guide readers through the knowledge of codification of commercial law, administrative law, civil law and private international law in East Asia. This book is developed from papers presented at the 2012 Thematic Conference of the International Academy of Comparative Law.
The Great Ming Code / Da Ming lu
Author:
Publisher: University of Washington Press
ISBN: 0295804009
Category : History
Languages : en
Pages : 416
Book Description
Imperial China’s dynastic legal codes provide a wealth of information for historians, social scientists, and scholars of comparative law and of literary, cultural, and legal history. Until now, only the Tang (618–907 C.E.) and Qing (1644–1911 C.E.) codes have been available in English translation. The present book is the first English translation of The Great Ming Code (Da Ming lu), which reached its final form in 1397. The translation is preceded by an introductory essay that places the Code in historical context, explores its codification process, and examines its structure and contents. A glossary of Chinese terms is also provided. One of the most important law codes in Chinese history, The Great Ming Code represents a break with the past, following the alien-ruled Yuan (Mongol) dynasty, and the flourishing of culture under the Ming, the last great Han-ruled dynasty. It was also a model for the Qing code, which followed it, and is a fundamental source for understanding Chinese society and culture. The Code regulated all the perceived major aspects of social affairs, aiming at the harmony of political, economic, military, familial, ritual, international, and legal relations in the empire and cosmic relations in the universe. The all-encompassing nature of the Code makes it an encyclopedic document, providing rich materials on Ming history. Because of the pervasiveness of legal proceedings in the culture generally, the Code has relevance far beyond the specialized realm of Chinese legal studies. The basic value system and social norms that the Code imposed became so thoroughly ingrained in Chinese society that the Manchus, who conquered China and established the Qing dynasty, chose to continue the Code in force with only minor changes. The Code made a considerable impact on the legal cultures of other East Asian countries: Yi dynasty Korea, Le dynasty Vietnam, and late Tokugawa and early Meiji Japan. Examining why and how some rules in the Code were adopted and others rejected in these countries will certainly enhance our understanding of the shared culture and indigenous identities in East Asia.
Publisher: University of Washington Press
ISBN: 0295804009
Category : History
Languages : en
Pages : 416
Book Description
Imperial China’s dynastic legal codes provide a wealth of information for historians, social scientists, and scholars of comparative law and of literary, cultural, and legal history. Until now, only the Tang (618–907 C.E.) and Qing (1644–1911 C.E.) codes have been available in English translation. The present book is the first English translation of The Great Ming Code (Da Ming lu), which reached its final form in 1397. The translation is preceded by an introductory essay that places the Code in historical context, explores its codification process, and examines its structure and contents. A glossary of Chinese terms is also provided. One of the most important law codes in Chinese history, The Great Ming Code represents a break with the past, following the alien-ruled Yuan (Mongol) dynasty, and the flourishing of culture under the Ming, the last great Han-ruled dynasty. It was also a model for the Qing code, which followed it, and is a fundamental source for understanding Chinese society and culture. The Code regulated all the perceived major aspects of social affairs, aiming at the harmony of political, economic, military, familial, ritual, international, and legal relations in the empire and cosmic relations in the universe. The all-encompassing nature of the Code makes it an encyclopedic document, providing rich materials on Ming history. Because of the pervasiveness of legal proceedings in the culture generally, the Code has relevance far beyond the specialized realm of Chinese legal studies. The basic value system and social norms that the Code imposed became so thoroughly ingrained in Chinese society that the Manchus, who conquered China and established the Qing dynasty, chose to continue the Code in force with only minor changes. The Code made a considerable impact on the legal cultures of other East Asian countries: Yi dynasty Korea, Le dynasty Vietnam, and late Tokugawa and early Meiji Japan. Examining why and how some rules in the Code were adopted and others rejected in these countries will certainly enhance our understanding of the shared culture and indigenous identities in East Asia.
The Art of Not Being Governed
Author: James C. Scott
Publisher: Yale University Press
ISBN: 0300156529
Category : Social Science
Languages : en
Pages : 465
Book Description
From the acclaimed author and scholar James C. Scott, the compelling tale of Asian peoples who until recently have stemmed the vast tide of state-making to live at arm’s length from any organized state society For two thousand years the disparate groups that now reside in Zomia (a mountainous region the size of Europe that consists of portions of seven Asian countries) have fled the projects of the organized state societies that surround them—slavery, conscription, taxes, corvée labor, epidemics, and warfare. This book, essentially an “anarchist history,” is the first-ever examination of the huge literature on state-making whose author evaluates why people would deliberately and reactively remain stateless. Among the strategies employed by the people of Zomia to remain stateless are physical dispersion in rugged terrain; agricultural practices that enhance mobility; pliable ethnic identities; devotion to prophetic, millenarian leaders; and maintenance of a largely oral culture that allows them to reinvent their histories and genealogies as they move between and around states. In accessible language, James Scott, recognized worldwide as an eminent authority in Southeast Asian, peasant, and agrarian studies, tells the story of the peoples of Zomia and their unlikely odyssey in search of self-determination. He redefines our views on Asian politics, history, demographics, and even our fundamental ideas about what constitutes civilization, and challenges us with a radically different approach to history that presents events from the perspective of stateless peoples and redefines state-making as a form of “internal colonialism.” This new perspective requires a radical reevaluation of the civilizational narratives of the lowland states. Scott’s work on Zomia represents a new way to think of area studies that will be applicable to other runaway, fugitive, and marooned communities, be they Gypsies, Cossacks, tribes fleeing slave raiders, Marsh Arabs, or San-Bushmen.
Publisher: Yale University Press
ISBN: 0300156529
Category : Social Science
Languages : en
Pages : 465
Book Description
From the acclaimed author and scholar James C. Scott, the compelling tale of Asian peoples who until recently have stemmed the vast tide of state-making to live at arm’s length from any organized state society For two thousand years the disparate groups that now reside in Zomia (a mountainous region the size of Europe that consists of portions of seven Asian countries) have fled the projects of the organized state societies that surround them—slavery, conscription, taxes, corvée labor, epidemics, and warfare. This book, essentially an “anarchist history,” is the first-ever examination of the huge literature on state-making whose author evaluates why people would deliberately and reactively remain stateless. Among the strategies employed by the people of Zomia to remain stateless are physical dispersion in rugged terrain; agricultural practices that enhance mobility; pliable ethnic identities; devotion to prophetic, millenarian leaders; and maintenance of a largely oral culture that allows them to reinvent their histories and genealogies as they move between and around states. In accessible language, James Scott, recognized worldwide as an eminent authority in Southeast Asian, peasant, and agrarian studies, tells the story of the peoples of Zomia and their unlikely odyssey in search of self-determination. He redefines our views on Asian politics, history, demographics, and even our fundamental ideas about what constitutes civilization, and challenges us with a radically different approach to history that presents events from the perspective of stateless peoples and redefines state-making as a form of “internal colonialism.” This new perspective requires a radical reevaluation of the civilizational narratives of the lowland states. Scott’s work on Zomia represents a new way to think of area studies that will be applicable to other runaway, fugitive, and marooned communities, be they Gypsies, Cossacks, tribes fleeing slave raiders, Marsh Arabs, or San-Bushmen.
Sources of East Asian Tradition: The modern period
Author: Wm. Theodore De Bary
Publisher: Columbia University Press
ISBN: 9780231143233
Category : History
Languages : en
Pages : 1196
Book Description
"Wm. Theodore de Bary offers a selection of essential readings from his immensely popular anthologies Sources of Chinese Tradition, Sources of Korean Tradition, and Sources of Japanese Tradition so readers can experience a concise but no less comprehensive portrait of the social, intellectual, and religious traditions of East Asia."--
Publisher: Columbia University Press
ISBN: 9780231143233
Category : History
Languages : en
Pages : 1196
Book Description
"Wm. Theodore de Bary offers a selection of essential readings from his immensely popular anthologies Sources of Chinese Tradition, Sources of Korean Tradition, and Sources of Japanese Tradition so readers can experience a concise but no less comprehensive portrait of the social, intellectual, and religious traditions of East Asia."--
Asian Conflict of Laws
Author: Alejandro Carballo Leyda
Publisher: Kluwer Law International
ISBN: 9789041147561
Category : Conflict of laws
Languages : en
Pages : 0
Book Description
Regional instruments for the recognition of foreign decisions, together with harmonised rules of conflict of laws, are useful to promote legal certainty and to enhance commercial transactions both within the region and with other areas of the world. Among the countries of East and South East Asia, however, there is no such harmonisation. Therefore, a comprehensive overview of the various approaches to private international law among these crucially important trade jurisdictions è^' such as this very useful book provides è^' is an essential resource for both practitioners and academics.
Publisher: Kluwer Law International
ISBN: 9789041147561
Category : Conflict of laws
Languages : en
Pages : 0
Book Description
Regional instruments for the recognition of foreign decisions, together with harmonised rules of conflict of laws, are useful to promote legal certainty and to enhance commercial transactions both within the region and with other areas of the world. Among the countries of East and South East Asia, however, there is no such harmonisation. Therefore, a comprehensive overview of the various approaches to private international law among these crucially important trade jurisdictions è^' such as this very useful book provides è^' is an essential resource for both practitioners and academics.
The Mandate of Heaven and The Great Ming Code
Author: Jiang Yonglin
Publisher: University of Washington Press
ISBN: 0295801662
Category : History
Languages : en
Pages : 262
Book Description
After overthrowing the Mongol Yuan dynasty, Zhu Yuanzhang, the founder of the Ming dynasty (1368-1644), proclaimed that he had obtained the Mandate of Heaven (Tianming), enabling establishment of a spiritual orientation and social agenda for China. Zhu, emperor during the Ming’s Hongwu reign period, launched a series of social programs to rebuild the empire and define Chinese cultural identity. To promote its reform programs, the Ming imperial court issued a series of legal documents, culminating in The Great Ming Code (Da Ming lu), which supported China’s legal system until the Ming was overthrown and also served as the basis of the legal code of the following dynasty, the Qing (1644-1911). This companion volume to Jiang Yonglin’s translation of The Great Ming Code (2005) analyzes the thought underlying the imperial legal code. Was the concept of the Mandate of Heaven merely a tool manipulated by the ruling elite to justify state power, or was it essential to their belief system and to the intellectual foundation of legal culture? What role did law play in the imperial effort to carry out the social reform programs? Jiang addresses these questions by examining the transformative role of the Code in educating the people about the Mandate of Heaven. The Code served as a cosmic instrument and moral textbook to ensure “all under Heaven” were aligned with the cosmic order. By promoting, regulating, and prohibiting categories of ritual behavior, the intent of the Code was to provide spiritual guidance to Chinese subjects, as well as to acquire political legitimacy. The Code also obligated officials to obey the supreme authority of the emperor, to observe filial behavior toward parents, to care for the welfare of the masses, and to maintain harmonious relationships with deities. This set of regulations made officials the representatives of the Son of Heaven in mediating between the spiritual and mundane worlds and in governing the human realm. This study challenges the conventional assumption that law in premodern China was used merely as an arm of the state to maintain social control and as a secular tool to exercise naked power. Based on a holistic approach, Jiang argues that the Ming ruling elite envisioned the cosmos as an integrated unit; they saw law, religion, and political power as intertwined, remarkably different from the “modern” compartmentalized worldview. In serving as a cosmic instrument to manifest the Mandate of Heaven, The Great Ming Code represented a powerful religious effort to educate the masses and transform society.
Publisher: University of Washington Press
ISBN: 0295801662
Category : History
Languages : en
Pages : 262
Book Description
After overthrowing the Mongol Yuan dynasty, Zhu Yuanzhang, the founder of the Ming dynasty (1368-1644), proclaimed that he had obtained the Mandate of Heaven (Tianming), enabling establishment of a spiritual orientation and social agenda for China. Zhu, emperor during the Ming’s Hongwu reign period, launched a series of social programs to rebuild the empire and define Chinese cultural identity. To promote its reform programs, the Ming imperial court issued a series of legal documents, culminating in The Great Ming Code (Da Ming lu), which supported China’s legal system until the Ming was overthrown and also served as the basis of the legal code of the following dynasty, the Qing (1644-1911). This companion volume to Jiang Yonglin’s translation of The Great Ming Code (2005) analyzes the thought underlying the imperial legal code. Was the concept of the Mandate of Heaven merely a tool manipulated by the ruling elite to justify state power, or was it essential to their belief system and to the intellectual foundation of legal culture? What role did law play in the imperial effort to carry out the social reform programs? Jiang addresses these questions by examining the transformative role of the Code in educating the people about the Mandate of Heaven. The Code served as a cosmic instrument and moral textbook to ensure “all under Heaven” were aligned with the cosmic order. By promoting, regulating, and prohibiting categories of ritual behavior, the intent of the Code was to provide spiritual guidance to Chinese subjects, as well as to acquire political legitimacy. The Code also obligated officials to obey the supreme authority of the emperor, to observe filial behavior toward parents, to care for the welfare of the masses, and to maintain harmonious relationships with deities. This set of regulations made officials the representatives of the Son of Heaven in mediating between the spiritual and mundane worlds and in governing the human realm. This study challenges the conventional assumption that law in premodern China was used merely as an arm of the state to maintain social control and as a secular tool to exercise naked power. Based on a holistic approach, Jiang argues that the Ming ruling elite envisioned the cosmos as an integrated unit; they saw law, religion, and political power as intertwined, remarkably different from the “modern” compartmentalized worldview. In serving as a cosmic instrument to manifest the Mandate of Heaven, The Great Ming Code represented a powerful religious effort to educate the masses and transform society.
The Scope and Structure of Civil Codes
Author: Julio César Rivera
Publisher: Springer Science & Business Media
ISBN: 9400779429
Category : Law
Languages : en
Pages : 477
Book Description
This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law. It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes – and private law legislation in general – with Constitutions and International Conventions. The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for commercial and contractual law. It also explains the varying trajectories of civil law, which in some jurisdictions was merged with religious legal tenets in its codification of familial relations, while in others it was fused with commercial law or, indeed, codified from scratch as a discrete legal corpus. Elsewhere, the volume provides material on differing approaches to consumer law, where relevant legislation may be scattered across numerous statutes, and also on private international law, a topic of increasing relevance in a world where business corporations have interests in multiple jurisdictions (and often play one off against another). The volume features invited contributions from leading scholars in the field of private law brought together for an in depth analysis of the current regulatory attitude in this field of the law in jurisdictions with diverse legal systems and traditions. In current times we are witnessing the adoption of diverging regulatory solutions. Through the analysis of the past and present of private law regulation, the volume unveils the underlying trends and relevance of the codification method across the world.
Publisher: Springer Science & Business Media
ISBN: 9400779429
Category : Law
Languages : en
Pages : 477
Book Description
This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law. It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes – and private law legislation in general – with Constitutions and International Conventions. The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for commercial and contractual law. It also explains the varying trajectories of civil law, which in some jurisdictions was merged with religious legal tenets in its codification of familial relations, while in others it was fused with commercial law or, indeed, codified from scratch as a discrete legal corpus. Elsewhere, the volume provides material on differing approaches to consumer law, where relevant legislation may be scattered across numerous statutes, and also on private international law, a topic of increasing relevance in a world where business corporations have interests in multiple jurisdictions (and often play one off against another). The volume features invited contributions from leading scholars in the field of private law brought together for an in depth analysis of the current regulatory attitude in this field of the law in jurisdictions with diverse legal systems and traditions. In current times we are witnessing the adoption of diverging regulatory solutions. Through the analysis of the past and present of private law regulation, the volume unveils the underlying trends and relevance of the codification method across the world.
Global Constitutionalism from European and East Asian Perspectives
Author: Takao Suami
Publisher: Cambridge University Press
ISBN: 1108417116
Category : History
Languages : en
Pages : 625
Book Description
Examines and compares East Asian and European perspectives of Global Constitutionalism.
Publisher: Cambridge University Press
ISBN: 1108417116
Category : History
Languages : en
Pages : 625
Book Description
Examines and compares East Asian and European perspectives of Global Constitutionalism.
The Societal Codification of Korean English
Author: Alex Baratta
Publisher: Bloomsbury Publishing
ISBN: 1350188565
Category : Education
Languages : en
Pages : 240
Book Description
From K-pop to kimchi, Korean culture is becoming increasingly popular on the world stage. This cultural internationalisation is also mirrored linguistically, in the emergence and development of Korean English. Often referred to as 'Konglish', this book describes how the two terms in fact refer to different things and explains how Koreans have made the English language their own. Arguing that languages are no longer codified and legitimised by dictionaries and textbooks but by everyday usage and media, Alex Baratta explores how to reconceptualise the idea of 'codification.' Providing illustrative examples of how Koreans have taken commonly used English expressions and adjusted them, such as doing 'Dutch pay', wearing a 'Burberry' and using 'hand phones', this book explores the implications and opportunities social codification presents to EFL students and teachers. In so doing, The Societal Codification of Korean English offers wider perspectives on English change across the world, seeking to dispel the myth that English only belongs to 'native speakers'.
Publisher: Bloomsbury Publishing
ISBN: 1350188565
Category : Education
Languages : en
Pages : 240
Book Description
From K-pop to kimchi, Korean culture is becoming increasingly popular on the world stage. This cultural internationalisation is also mirrored linguistically, in the emergence and development of Korean English. Often referred to as 'Konglish', this book describes how the two terms in fact refer to different things and explains how Koreans have made the English language their own. Arguing that languages are no longer codified and legitimised by dictionaries and textbooks but by everyday usage and media, Alex Baratta explores how to reconceptualise the idea of 'codification.' Providing illustrative examples of how Koreans have taken commonly used English expressions and adjusted them, such as doing 'Dutch pay', wearing a 'Burberry' and using 'hand phones', this book explores the implications and opportunities social codification presents to EFL students and teachers. In so doing, The Societal Codification of Korean English offers wider perspectives on English change across the world, seeking to dispel the myth that English only belongs to 'native speakers'.
Compressed Development
Author: D. Hugh Whittaker
Publisher: Oxford University Press
ISBN: 0191062375
Category : Business & Economics
Languages : en
Pages : 305
Book Description
This book proposes a new way to approach comparative international development by focusing on time and timing in economic and social development. The UK industrialized over two centuries, and then started to de-industrialize in the late 1960s. Today, the most rapid developers experience aspects of industrialization and de-industrialization simultaneously. It is no longer clear that industrialization offers the path of growth it once did; industrialization has become 'thin.' Demographic and social challenges that earlier developers faced sequentially now come at the same time. Rapid growers experience compression most acutely, but the spatial and temporal fusing of past and present is widespread, affecting high-, middle-, and lower-income countries alike. Timing refers to the differences in historical periods in which development takes place. The geopolitical, institutional and technological environment for countries recently integrated into the global economy has been vastly different from that of the preceding postwar decades of 'embedded liberalism,' although it does contain echoes of the 'first globalization' and 'first financialization' a century ago. The first era of liberalism did not end well, and the second is similarly foundering on the rocks of nationalism and protectionism, as it is being battered by a global pandemic. The authors propose an interdisciplinary conceptual framework based on co-evolving state-market and organization-technology dyads, which will help readers make sense of contemporary development across multiple societies, sectors and geographies, and provide a template for historical comparison.
Publisher: Oxford University Press
ISBN: 0191062375
Category : Business & Economics
Languages : en
Pages : 305
Book Description
This book proposes a new way to approach comparative international development by focusing on time and timing in economic and social development. The UK industrialized over two centuries, and then started to de-industrialize in the late 1960s. Today, the most rapid developers experience aspects of industrialization and de-industrialization simultaneously. It is no longer clear that industrialization offers the path of growth it once did; industrialization has become 'thin.' Demographic and social challenges that earlier developers faced sequentially now come at the same time. Rapid growers experience compression most acutely, but the spatial and temporal fusing of past and present is widespread, affecting high-, middle-, and lower-income countries alike. Timing refers to the differences in historical periods in which development takes place. The geopolitical, institutional and technological environment for countries recently integrated into the global economy has been vastly different from that of the preceding postwar decades of 'embedded liberalism,' although it does contain echoes of the 'first globalization' and 'first financialization' a century ago. The first era of liberalism did not end well, and the second is similarly foundering on the rocks of nationalism and protectionism, as it is being battered by a global pandemic. The authors propose an interdisciplinary conceptual framework based on co-evolving state-market and organization-technology dyads, which will help readers make sense of contemporary development across multiple societies, sectors and geographies, and provide a template for historical comparison.