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Law Without Lawyers, Justice Without Courts
The Chinese have, since ancient times, professed a non-litigious outlook. Similarly, their preference for mediation has fascinated the West for centuries. Mediation has been popularized by the Chinese who subscribe to the Confucian notions of harmony and compromise. It has been perpetuated in the People's Republic of China and by the overseas Chinese communities elsewhere, such as in Malaysia and Taiwan. Seen as the chief contributing factor in their litigation-averse nature, as well as the reason behind the significant role given to traditional mediation, this compelling book traces the cultural tradition of the Chinese. It uses rural Chinese Malaysians as illustrative examples and offers new insights into the nature of mediation East and West. It is an important reference and essential resource for anyone keen to learn about traditional Chinese concepts of law, justice and dispute settlement. Equally, it makes a unique contribution to the existing ADR literature by undertaking a socio-legal study on traditional Chinese mediation.
Regulatory Issues in Organic Food Safety in the Asia Pacific
The book seeks to address the intersection of food organics and the emergence of a new contractualism between producers, distributors and consumers, and between nation states. Additionally, it seeks to cater to the needs of a discerning public concerned about how its own country aims to meet their demands for organic food quality and safety, as well as how they will benefit from integration in the standard-setting processes increasingly occurring regionally and internationally. This edited volume brings together expert scholars and practitioners and draws on their respective insights and experiences in the field of organics, food and health safety. The book is organized in three parts. Part I outlines certain international perspectives; Part II reflects upon relevant histories and influences and finally, Part III examines the organic food regulatory regime of various jurisdictions in the Asia Pacific.
Activating Human Rights and Peace
Human rights and peace issues and concerns have come about at a critical time. The world has recently witnessed a plethora of turning points that speak of the hopes and vulnerabilities which are inherent in being human and demonstrate that change in the service of human rights and peace is possible. At the same time, however, other events indicate that wherever there is life, there is vulnerability in a world characterized by instability and endemic human suffering. On top of all this, the collapse of the global financial system and the serious, rapid destruction of the environment have brought the world to a precarious state of vulnerability. Activating human rights and peace is, therefore, a project that is always in progress, and is never finally achieved. This enlightening collection of well thought through cases is aimed at academics and students of human rights, political science, law and justice, peace and conflict studies and sociology.
Dispute Management
Dispute Management is an introduction to dispute processes. It is a vital resource for students, lawyers and dispute practitioners.
Scholarship, Practice and Education in Comparative Law
This book examines how law functions in a multitude of facets and dimensions. The contributions shed light on the study of comparative law in legal scholarship, the relevance of comparative law in legal practice, and the importance of comparative law in legal education. The book will particularly appeal to those engaged in the teaching and scholarship of comparative law, and those seeking to uncover the various significant dimensions of the workings of law. The book is organised in three parts. Part I addresses scholarship, with contributors examining comparative legal issues as critique and from a theoretical framework. Part II outlines practice, with contributors discussing the function of comparative law in such comparatively diverse areas as international arbitration, environment, and the rule of law. Part III appraises comparative law in education.
Victim-Offender Reconciliation in the People's Republic of China and Taiwan
This book examines the conciliatory institutions that operate within criminal law in the People's Republic of China and Taiwan. Despite having the same legal traditions, the two countries have taken very different political and social roads over the past century. Taking these important factors into account, the book compares the conciliatory mechanisms that have emerged in the two countries, particularly focusing on the influence of Confucian tradition in current criminal reconciliation practices. By drawing upon in-depth interviews with multiple experts in the area, the role of tradition in the discipline of modern Xingshi Hejie is explored, alongside an analysis of the reasons that lead victims and offenders to choose this conciliatory procedure. The book offers a fascinating account of this feature of criminal justice in China and Taiwan, and will be of particular interest to scholars interested in comparative approaches to criminology and criminal justice.
Law as if Earth Really Mattered
This book is a collection of judgments drawn from the innovative Wild Law Judgment Project. In participating in the Wild Law Judgment Project, which was inspired by various feminist judgment projects, contributors have creatively reinterpreted judicial decisions from an Earth-centred point of view by rewriting existing judgments, or creating fictional judgments, as wild law. Authors have confronted the specific challenges of aligning existing Western legal systems with Thomas Berry’s philosophy of Earth jurisprudence through judgment writing and rewriting. This book thus opens up judicial decision-making and the common law to critical scrutiny from a wild law or Earth-centred perspective. ...
Bicoastal China
Yu (East Asian Institute, National University of Singapore) examines a number of issues revolving around Bicoastal China (The People's Republic of China, or Mainland China, and the Republic of China, or Taiwan). These issues include the dialectical succession problem in China; the dialectical relationship between the Communist Party and the Chinese People's Liberation Army; the politico-military dimension of mainland China and Taiwan's relations; and the dialectical dual recognition in foreign relations.
Divine Justice
This book considers the ways in which religious beliefs and practices have contributed to the formation of Chinese legal culture. It does so by describing two forms of overlap between religion and the law: the ideology of justice and the performance of judicial rituals. One of the most important conceptual underpinnings of the Chinese ideology of justice is the belief in the inevitability of retribution. Similar values permeate Chinese religious traditions, all of which contend that justice will prevail despite corruption and incompetence among judicial officials in this world and even the underworld, with all wrongdoers eventually suffering some form of punishment. The second form of overla...
Resolving Indigenous Disputes
This book looks at the way in which dispute resolution processes can be developed to more effectively empower Aboriginal people and assist with the more equitable and satisfactory resolution of disputes between Aboriginal people and between Aboriginal people and other groups. It uses conflict around land, particularly at the intersection between land claim and native title as its focus. These have been identified through extensive field research. The book also explores the building of models of alternative dispute resolution processes based on Aboriginal cultural values and world views. It provides practical tools to practitioners who are seeking to find more effective ways of dealing with conflict in Aboriginal communities or between Aboriginal communities and other stakeholders.
