Great Legal Traditions

Civil Law, Common Law, and Chinese Law in Historical and Operational Perspective

Author: John Warren Head

Publisher: N.A

ISBN: 9781594609572

Category: Law

Page: 676

View: 6217


Great Legal Traditions: Civil Law, Common Law, and Chinese Law in Historical and Operational Perspective draws on the nearly thirty years of experience that the author has accumulated from working in and writing about a variety of legal systems around the world. After an introduction to the underlying concepts and values of comparative legal studies, Head embarks on a brisk six-chapter survey of European civil law, English and American common law, and Chinese law (both dynastic and contemporary). Each legal tradition is divided into two perspectives — first historical and then operational. Numerous illustrations and biographical sketches bring the historical surveys to life, thereby setting the stage for a close examination of several key attributes of representative legal systems in each of the three traditions. Head's "operational" topics include sources of law, the role and training of lawyers, the division of court jurisdiction, constitutional review, the role of codification, and more — and he gives special attention to comparative criminal procedure. Great Legal Traditions is designed primarily for use in law schools and other graduate programs in comparative history, international relations, and both European and Chinese area studies, but the book is also written to be accessible to a more general readership. The main text is supplemented with numerous appendices that serve in place of a documents supplement. A teacher's manual is also available with guidance on each of the study questions that Head places at the beginning of each chapter (roughly 200 study questions in all). The teacher's manual also provides guidance (and confidence) to instructors not already familiar with Chinese law and history.

China's Changing Legal System

Lawyers & Judges on Civil & Criminal Law

Author: Thomas W. Simon,Chuan Feng,Leyton P. Nelson

Publisher: Springer

ISBN: 1137452064

Category: Law

Page: 264

View: 2131


While much international attention has been focused on China's developing economy, dramatic changes are also taking place in its legal system. This book is a groundbreaking, comprehensive introduction to China's legal system, covering the major areas of both civil and criminal law. The authors present fascinating cases and balanced accounts of controversial issues, from copyright law to punishment. By letting Chinese lawyers and judges speak for themselves, the authors also allow readers a surprisingly candid insider's view of real life legal practice.

International Law and Agroecological Husbandry

Building Legal Foundations for a New Agriculture

Author: John W. Head

Publisher: Taylor & Francis

ISBN: 1315446510

Category: LAW

Page: 446

View: 3694


Remarkable advances are being made in life science and agricultural research to reform the methods of food production, particularly with regard to staple grain and legume crops, in ways that will better reflect ecological realities. However, advances in science may be insufficient to ensure that these possibilities for agricultural reform are realized in practice and in a sustainable way. This book shows how these can only be achieved through changes in legal norms and institutions at the global level. Interdisciplinary in character, the book draws from a range of issues involving agricultural innovation, international legal history and principles, treaty commitments, global institutions, and environmental challenges, such as climate change, to propose broad legal changes for transforming global agriculture. It first shows how modern extractive agriculture is unsustainable on economic, environmental, and social grounds. It then examines the potential for natural-systems agriculture (especially perennial-polyculture systems) for overcoming the deficiencies of modern extractive agriculture, especially to offset climate change. Finally it analyses closely the legal innovations that can be adopted at national and international levels to facilitate a transition from modern extractive agriculture to a system based more on ecological principles. In particular the author argues for the creation of a Global Convention on Agroecology.

International Economic Organizations and Law

The Perspective and Role of The Legal Counsel

Author: Asif H. Qureshi

Publisher: Kluwer Law International B.V.

ISBN: 9041142037

Category: Law

Page: 512

View: 8698


There can be little doubt that a group of prominent and influential organizations lie at the heart of international economic law (IEL). These include the Bretton Woods institutions, regional development banks and economic organizations, and various specialized global institutions primarily active in norm generation. This volume possesses the unique distinction of presenting the perspectives – both institutional and personal – of legal counsels in some key international economic organizations regarding their work and the role of law within the framework of their organizations, with particular attention to the conditions within which they can optimally contribute to the development of IEL. This last consideration is emphasized in three ‘external’ academic perspectives that focus mainly on what the role of counsels in international economic organizations ought to be. Each first-hand perspective focuses on counsel’s involvement in such aspects of IEL as the following: providing internal advice on the law of the organization; assisting members with respect to domestic institutions and law in the economic sphere; to what extent (if any) legal counsels are normally involved in policy making for issues that are not strictly of a legal nature; intellectual contributions both to the development of international law and the dissemination and exchange of legal knowledge among various stakeholders; ethical challenges and response to possible conflicts of interests; generation of soft law economic instruments; legal issues on replenishment of resources for development funding; setting of internationally recognized standards or best practices for commercial and financial legislation; informal networks of lawyers and lawyer functions which cut across institutional and territorial boundaries; and negotiation and management of free trade agreements from a legal perspective.

Inside China's Legal System

Author: Chang Wang,Nathan Madson

Publisher: Chandos Publishing

ISBN: 0857094610

Category: Law

Page: 390

View: 3213


China’s legal system is vast and complex, and robust scholarship on the subject is difficult to obtain. Inside China’s Legal System provides readers with a comprehensive look at the system including how it works in practice, theoretical and historical underpinnings, and how it might evolve. The first section of the book explains the Communist Party’s utilitarian approach to law: rule by law. The second section discusses Confucian and Legalist views on morality, law and punishment, and the influence such traditional Chinese thinking has on contemporary Chinese law. The third section focuses on the roles of key players (including judges, prosecutors, lawyers, and legal academics) in the Chinese legal system. The fourth section offers Chinese legal case studies in civil, criminal, administrative, and international law. The book concludes with a comparison of China’s fundamental governing and legal principles with those of the United States, in such areas as checks and balances, separation of powers, and due process. Uses extensive legal materials and historical documents generally unavailable to Western based academics Gives insider knowledge, including first-hand experience teaching law, and close involvement with judges, attorneys, and law professors in China Analyses legal issues from historical and cultural perspectives holistically

Global business law

principles and practice of international commerce and investment

Author: John Warren Head,David Frisch

Publisher: Carolina Academic Pr


Category: Business & Economics

Page: 734

View: 7156



Catalogs of Courses

Author: University of California, Berkeley

Publisher: N.A



Page: N.A

View: 4009


Includes general and summer catalogs issued between 1878/1879 and 1995/1997.