Chinese Lawmaking: From Non-communicative to Communicative

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 re...

Full description

Main Author: He, Peng
Corporate Author: SpringerLink (Online service)
Format: eBook
Language:English
Published: Berlin, Heidelberg Springer Berlin Heidelberg 2014, 2014
Series:Understanding China
Subjects:
Law
Online Access:
Collection: Springer eBooks 2005- - Collection details see MPG.ReNa
LEADER 03303nmm a2200313 u 4500
001 EB000412598
003 EBX01000000000000000265672
005 00000000000000.0
007 cr|||||||||||||||||||||
008 131001 ||| eng
020 |a 9783642395079 
100 1 |a He, Peng 
245 0 0 |a Chinese Lawmaking: From Non-communicative to Communicative  |h Elektronische Ressource  |c by Peng He 
260 |a Berlin, Heidelberg  |b Springer Berlin Heidelberg  |c 2014, 2014 
300 |a XIII, 186 p. 24 illus., 7 illus. in color  |b online resource 
505 0 |a 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 
653 |a Law 
653 |a Law 
653 |a Theories of Law, Philosophy of Law, Legal History 
710 2 |a SpringerLink (Online service) 
041 0 7 |a eng  |2 ISO 639-2 
989 |b Springer  |a Springer eBooks 2005- 
490 0 |a Understanding China 
856 |u http://dx.doi.org/10.1007/978-3-642-39507-9?nosfx=y  |x Verlag  |3 Volltext 
082 0 |a 340.1 
520 |a 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.  
520 |a 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.                                                                                                  --  
520 |a Professor Zenon Bańkowski                                                               The University of Edinburgh