Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
Scandal, Sukyandaru, And Chouwen, Benjamin L. Liebman
Scandal, Sukyandaru, And Chouwen, Benjamin L. Liebman
Michigan Law Review
This Review proceeds in four parts. Part I describes West's account of scandal in Japan and the United States and explores some of the ramifications of his account. Part II examines the formation of scandal in contemporary China. Part III compares scandal in China with West's conclusions about scandal in Japan and the United States. Part IV discusses defamation litigation in China, with a view to adding further comparative insight to West's discussion of Japanese libel suits.
China Reexamined: The Worst Offender Or A Strong Contender?, Yang Wang
China Reexamined: The Worst Offender Or A Strong Contender?, Yang Wang
Michigan Law Review
These are the questions that Professor Randall Peerenboom sets out to answer from an American legal scholar's perspective in China Modernizes: Threat to the West or Model for the Rest. Peerenboom advances three main arguments in China Modernizes. First, to more accurately assess China's performance in its quest for modernization, one must "plac[e] China within a broader comparative context" (p. 10). Through a careful analysis of empirical data, Peerenboom observes that China outperforms many other countries at a similar income level on almost all key indicators of well-being and human rights, with the sole exception of civil and political …
Legal Orientalism, Teemu Ruskola
Legal Orientalism, Teemu Ruskola
Michigan Law Review
Fifty years ago comparative law was a field in search of a paradigm. In the inaugural issue of the American Journal of Comparative Law in 1952, Myres McDougal remarked unhappily, "The greatest confusion continues to prevail about what is being compared, about the purposes of comparison, and about appropriate techniques." In short, there seemed to be very little in the field that was not in a state of confusion. Two decades later, referring to McDougal's bleak assessment, John Merryman saw no evidence of progress: "few comparative lawyers would suggest that matters have since improved." And only a few years ago, …
Cohen: The Criminal Process In The People's Republic Of China 1949-1963: An Introduction., And Bodde & Morris: Law In Imperial China: Exemplified By 190 Ch'ing Dynasty Cases With Historical, Social, And Juridical Commentaries, Victor H. Li
Michigan Law Review
A Review of The Criminal Process in the People's Republic of China 1949-1963: An Introduction by Jerome A. Cohen, and Law in Imperial China: Exemplified by 190 Ch'ing Dynasty Cases with Historical, Social, and Juridical Commentaries by Derke Bodde and Clarence Morris
Reading From Ancient Chinese Codes And Other Sources Of Chinese Law And Legal Ideas, John Wu
Reading From Ancient Chinese Codes And Other Sources Of Chinese Law And Legal Ideas, John Wu
Michigan Law Review
With the legal profession today there is a growing interest in Vthe study of universal legal ideas. Legal ideas, it would seem, gain strength by extension both in time and in space. ,As ius" gentium is necessarily more congenial to human reason than ius civie, so it may. be said that the laws of all ages are more deep-seated in human nature than those of a particular generation. The scope of comparative jurisprudence, therefore, embraces all the length and breadth of legal scholarship, so that it cannot afford to ignore any materials that may give us light upon the legal …
Extra-Territorial Jurisdiction In China, Gustavus Ohlinger
Extra-Territorial Jurisdiction In China, Gustavus Ohlinger
Michigan Law Review
The Chinese have long been accustomed to the presence in their midst of foreign populations governed by laws peculiar to themselves and, perchance, owing allegiance to a foreign sovereignty. As long ago as the eighth century the Arabian traders who resorted to Canton were permitted to govern themselves by their own laws. The Mohaminedans have for many centuries formed a distinct element in the population, being subject to a separate law and to their own authorities. When, therefore, in the sixteenth century the first European traders began to appear on the China coast the government treated them as they had …