The Limits of the Rule of Law in China

In The Limits of the Rule of Law in China 12 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.

Foreword	p. vii
Acknowledgments	p. xiii
Introduction: The Problem of Paradigms	p. 3
Conceptions and Receptions of Legality: Understanding the Complexity of Law Reform in Modern China	p. 20
Law, Law, What Law? Why Western Scholars of China Have Not Had More to Say about Its Law	p. 45
Using the Past to Make a Case for the Rule of Law	p. 65
Rule of Man and the Rule of Law in China: Punishing Provincial Governors during the Qing	p. 88
Collective Responsibility in Qing Criminal Law	p. 112
True Confessions? Chinese Confessions Then and Now	p. 132
Law and Discretion in Contemporary Chinese Courts	p. 163
Equality and Justice in Official and Popular Views about Civil Obligations: China and Taiwan	p. 196
Language and Law: Sources of Systemic Vagueness and Ambiguous Authority in Chinese Statutory Language	p. 221
The Future of Federalism in China	p. 271
The Rule of Law Imposed from Outside: China's Foreign-Oriented Legal Regime since 1978	p. 304
Epilogue: The Deep Roots of Resistance to Law Codes and Lawyers in China	p. 325
Contributors	p. 331
Index	p. 335
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The Limits of the Rule of Law in China

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The Limits of the Rule of Law in China

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