The Limits of the Rule of Law in China

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The Limits of the Rule of Law in China

Edited by: Karen G. Turner , James V. Feinerman and R. Kent Guy

Language: English

Published/Copyright: 2000

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About this book

In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context.

The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.

Author / Editor information

Contributor: R. Kent Guy R. Kent Guy is professor of history emeritus at the University of Washington. He is the author of Qing Governors and Their Provinces: The Evolution of Territorial Administration in China, 1644-1796 (Washington, 2010) and The Emperor's Four Treasures: Scholars and the State in the Late Qianlong Period (Harvard, 1987); and coeditor of Limits of the Rule of Law in China (Washington, 1999).

Reviews

"A skillful, multidisciplinary collection by China specialists, this volume treats fazhi (the rule of law) as it relates conceptually and practically to historical and contemporary China."

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Frontmatter
i

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Contents
v

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Foreword
vii
Wejen Chang

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Acknowledgments
xiii

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Introduction: The Problem of Paradigms
1
Karen G. Turner

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1. Conceptions and Receptions of Legality: Understanding the Complexity of Law Reform in Modern China
20
Yuanyuan Shen

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2. Law, Law, What Law? Why Western Scholars of China Have Not Had More to Say about Its Law
45
William P. Alford

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3. Using the Past to Make a Case for the Rule of Law
65
Jonathan K. Ocko

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4. Rule of Man and the Rule of Law in China: Punishing Provincial Governors during the Qing
88
R. Kent Guy

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5. Collective Responsibility in Qing Criminal Law
112
Joanna Waley-Cohen

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6. True Confessions? Chinese Confessions Then and Now
132
Alison W. Conner

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7. Law and Discretion in Contemporary Chinese Courts
163
Margaret Y. K. Woo

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8. Equality and Justice in Official and Popular Views about Civil Obligations: China and Taiwan
196
Pitman B. Potter

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9. Language and Law: Sources of Systemic Vagueness and Ambiguous Authority in Chinese Statutory Language
221
Claudia Ross and Lester Ross

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10. The Future of Federalism in China
271
Tahirih V. Lee

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11. The Rule of Law Imposed from Outside: China's Foreign-Oriented Legal Regime since 1978
304
James V. Feinerman

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Epilogue: The Deep Roots of Resistance to Law Codes and Lawyers in China
325
Jack L. Dull

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Contributors
331

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Index
335

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Publishing information

Pages and Images/Illustrations in book

eBook published on:

December 11, 2024

eBook ISBN:

9780295803890

Pages and Images/Illustrations in book

Main content:

363

https://doi.org/10.1515/9780295803890

eBook ISBN: 9780295803890

Keywords for this book

Asian Studies; History; Political Science

Audience(s) for this book

For an expert adult audience, including professional development and academic research

The Limits of the Rule of Law in China

Overview

About this book

Author / Editor information

Reviews

Topics

Table of contents

Frontmatter

Contents

Foreword

Acknowledgments

Introduction: The Problem of Paradigms

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

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

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

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

5. Collective Responsibility in Qing Criminal Law

6. True Confessions? Chinese Confessions Then and Now

7. Law and Discretion in Contemporary Chinese Courts

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

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

10. The Future of Federalism in China

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

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

Contributors

Index

Bibliographic data