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Law as instrument : sources of Chinese law for authoritarian legality / Shucheng Peter Wang, City University of Hong Kong.

By: Material type: TextTextPublisher: Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2022Description: 1 online resource (xv, 223 pages) : digital, PDF file(s)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781009152556 (ebook)
Subject(s): Additional physical formats: Print version: : No titleDDC classification:
  • 340/.1150951 23/eng/20220331
LOC classification:
  • KNQ464 .W364 2022
Online resources:
Contents:
Introduction : emergence of Chinese Law? -- A dual Constitution with Illiberal characteristics -- Judicial interpretation as a de facto primary statute for adjudication -- Judicial document as informal state law -- Guiding cases as a form of statutory interpretation -- Bureaucratization of judicial precedents -- Concluding reflections : Chinese Law, authoritarian legality and legal instrumentalism.
Summary: How can the law be employed pragmatically to facilitate development and underpin illiberal principles? The case of contemporary China shows that the law plays an increasingly important role in the country's illiberal approach to both domestic and China-related global affairs, which has posed intellectual challenges in understanding it with reference to conventional, Western legal concepts and theories. This book provides a systematic exploration of the sources of Chinese law as pragmatically reconfigured in context, aiming to fill the gap between written and practised law. In combination with fieldwork investigations, it conceptualises various formal and informal laws, including the Constitution, congressional statutes, supreme court interpretations, judicial documents, guiding cases and judicial precedents. Moreover, it engages a theoretical analysis of legal instrumentalism, illuminating how and why the law works as an instrument for authoritarian legality in China, with international reflections on other comparable regimes.
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eBooks eBooks Central Library Law Available EB0663

Title from publisher's bibliographic system (viewed on 13 Jul 2022).

Introduction : emergence of Chinese Law? -- A dual Constitution with Illiberal characteristics -- Judicial interpretation as a de facto primary statute for adjudication -- Judicial document as informal state law -- Guiding cases as a form of statutory interpretation -- Bureaucratization of judicial precedents -- Concluding reflections : Chinese Law, authoritarian legality and legal instrumentalism.

How can the law be employed pragmatically to facilitate development and underpin illiberal principles? The case of contemporary China shows that the law plays an increasingly important role in the country's illiberal approach to both domestic and China-related global affairs, which has posed intellectual challenges in understanding it with reference to conventional, Western legal concepts and theories. This book provides a systematic exploration of the sources of Chinese law as pragmatically reconfigured in context, aiming to fill the gap between written and practised law. In combination with fieldwork investigations, it conceptualises various formal and informal laws, including the Constitution, congressional statutes, supreme court interpretations, judicial documents, guiding cases and judicial precedents. Moreover, it engages a theoretical analysis of legal instrumentalism, illuminating how and why the law works as an instrument for authoritarian legality in China, with international reflections on other comparable regimes.

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