000			03874nam a22004575i 4500
001			978-3-642-39507-9
003			DE-He213
005			20140220082519.0
007			cr nn 008mamaa
008			130930s2014 gw | s |||| 0|eng d
020			_a9783642395079 _9978-3-642-39507-9
024	7		_a10.1007/978-3-642-39507-9 _2doi
050		4	_aK201-487
050		4	_aB65
050		4	_aK140-165
072		7	_aLAB _2bicssc
072		7	_aLAW079000 _2bisacsh
072		7	_aPHI021000 _2bisacsh
082	0	4	_a340.1 _223
100	1		_aHe, Peng. _eauthor.
245	1	0	_aChinese Lawmaking: From Non-communicative to Communicative _h[electronic resource] / _cby Peng He.
264		1	_aBerlin, Heidelberg : _bSpringer Berlin Heidelberg : _bImprint: Springer, _c2014.
300			_aXIII, 186 p. 24 illus., 7 illus. in color. _bonline resource.
336			_atext _btxt _2rdacontent
337			_acomputer _bc _2rdamedia
338			_aonline resource _bcr _2rdacarrier
347			_atext file _bPDF _2rda
490	1		_aUnderstanding China, _x2196-3134
505	0		_aIntroduction -- Chinese Contemporary Lawmaking: Reality And Problems -- The Legitimation Of Chinese Lawmaking (I) -- The Legitimation Of Chinese Lawmaking (II): Chinese Legalism -- Lawmaking In Jurisprudence (I) -- Lawmaking In Jurisprudence (II) -- Communicative Lawmaking In China -- Retrospect And Prospect.
520			_aDr Peng He in her book addresses various issues, drawing on Western and Chinese sources for her argument for a ‘communicative’ theory of law making. This book is both timely and important in the Chinese context. Her argument depends upon the insight that what is important in societies is not just representative democracy but ‘voice’ - the opportunity for individuals to be heard and bring their input into official systems.  More than that, she argues that this can also take further the idea of living by the rules as something that is not to be seen as narrow Legalism but as something more akin to living ‘righteously’ – a view which is resonant with parts of Chinese legal thought. This book is also important in the present Chinese context in another way. The developing economy necessitates substantial legal reform.  But applying Western models to China can often be naïve and not fully fulfil their intended purpose. Peng He’s work addresses this by looking at the process of legislation in connection with legal reform. It is grounded in a sound theoretical reflection of both the process of legal transplantation and the process of law making, and looks both at Western and Chinese sources. Such an approach needs to draw from several intellectual traditions and it is this interdisciplinary, foundational research that is the task Dr He has set herself in her project. Her theory will provide an abstract theoretical framework that is sensitive to local conditions, while at the same time incorporating insights on law reform from a broad range of disciplines. Her research is of direct practical relevance for reforming the legislative process in China.                                                                                                  -- Professor Zenon Bańkowski                                                               The University of Edinburgh
650		0	_aLaw.
650	1	4	_aLaw.
650	2	4	_aTheories of Law, Philosophy of Law, Legal History.
710	2		_aSpringerLink (Online service)
773	0		_tSpringer eBooks
776	0	8	_iPrinted edition: _z9783642395062
830		0	_aUnderstanding China, _x2196-3134
856	4	0	_uhttp://dx.doi.org/10.1007/978-3-642-39507-9
912			_aZDB-2-SHU
999			_c93327 _d93327