Legal transplantation in early twentieth-century China : practicing law in Republican Beijing (1910s-1930s) / Michael H. K. Ng.
2014
KNN1629 .N46 2014 (Map It)
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Title
Legal transplantation in early twentieth-century China : practicing law in Republican Beijing (1910s-1930s) / Michael H. K. Ng.
Published
Abingdon, Oxon [UK] : Routledge, 2014.
Call Number
KNN1629 .N46 2014
Former Call Number
Ch 080 N49 2014
ISBN
9780415713566 (hardback)
0415713560 (hardback)
9781315771298 (ekb)
1315771292 (ekb)
0415713560 (hardback)
9781315771298 (ekb)
1315771292 (ekb)
Description
xiii, 174 pages : illustrations ; 24 cm
System Control No.
(OCoLC)865543943
Summary
""Practicing law" has a dual meaning in this book. It refers to both the occupational practice of law and the practicing of transplanted laws and institutions to perfect them. The book constitutes the first monographic work on the legal history of Republican Beijing, and provides an in-depth and comprehensive account of the practice of law in the city of Beijing during a period of social transformation. Drawing upon unprecedented research using archived records and other primary materials, it explores the problems encountered by Republican Beijing's legal practitioners, including lawyers, policemen, judges and criminologists, in applying transplanted laws and legal institutions when they were inapplicable to, incompatible with, or inadequate for resolving everyday legal issues. These legal practitioners resolved the mismatch, the author argues, by quite sensibly assimilating certain imperial laws and customs and traditional legal practices into the daily routines of the recently imported legal institutions. Such efforts by indigenous legal practitioners were crucial in, and an integral part of, the making of legal transplantation in Republican Beijing. This work not only makes significant contributions to scholarship on the legal history of modern China, but also offers insights into China's quest for modernization in its first wave of legal globalization. It is thus of great value to legal historians, comparative legal scholars, specialists in Chinese law and China studies, and lawyers and law students with an interest in Chinese legal history"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages [159]-166) and index.
Record Appears in
Table of Contents
Glossary of Chinese terms
viii
Acknowledgements
xii
Introduction
1
1.
Practice of judgment
12
2.
Practice of policing
30
3.
Practice of lawyering
53
4.
Obstacles to the practice of lawyering
77
5.
Practice of crime experts
92
Conclusion: Exploring the dialogue between Chinese legal history and comparative law
114
Appendix
123
Bibliography
159
Index
167