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Vol 21 No 10 Oct/Nov 2016

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Chinese Law: A Language Perspective


ISBN13: 9780754624356
ISBN: 0754624358
Published: October 2004
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00



Low stock.

Studying Chinese law from a linguistic and communicative perspective, this book examines meaning and language in Chinese law. It investigates key notions and concepts of law, the rule of law, and rights and their evolutionary meanings.

It examines the linguistic usage and textual features in Chinese legal texts and legal translation, and probes the lawmaking process and the Constitution as speech act and communicative action. Taking a cross-cultural approach, the book applies major Western philosophical thought to Chinese law, in particular the ideas concerning language and communication by such major thinkers as Peirce, Whorf, Gadamer, Habermas, Austin and Searle.

The focus of the study is contemporary People's Republic of China; however, the study also traces and links the inherited and introduced cultural and linguistic values and configurations that provide the context in which modern Chinese law operates.

Subjects:
Other Jurisdictions , China
Contents:
Introduction
What the Chinese said about law
Fazhi as rule of/by law
'Ought to' as a legal performative
Rights talk in Chinese
Chinese law and imprecise language
Doing things with words in the constitution
Chinese lawmaking as a communicative act
Translating law over space and time
Last words
Appendix
Bibliography
Index.