Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Bird In A Cage: Chinese Law Reform After Twenty Years, Stanley B. Lubman
Bird In A Cage: Chinese Law Reform After Twenty Years, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
I am grateful to the editors of this journal for inviting me to return to its pages to help mark the twentieth anniversary of its inaugural issue. History now tells us that publication of that first issue happened to coincide with the beginning of an extraordinary period in Chinese history that has seen extensive reforms transform the Chinese economy and Chinese society. These reforms, no less dramatic than the revolutionary transformations of the 1950s, have caused law to gain unprecedented importance in Chinese society. The Journal's anniversary provides an opportunity to review some of the major characteristics of Chinese legal …
Making History: Israeli Law And Historical Reconstruction, Eben Moglen
Making History: Israeli Law And Historical Reconstruction, Eben Moglen
Faculty Scholarship
As Asher Maoz insightfully points out, governmental involvement in the ascertainment of historical truth – whether in court, by commission of inquiry, or in other ways – is directed at securing approval of a particular historical narrative, as a step toward imposing that narrative, to a greater or lesser extent, on those who disagree with it. This "official version" exists not only for the sorts of questions presented by the cases Maoz discusses, but also with respect to auto accidents, crimes of passion, and all the other historical reconstructions that form the substrate of "facts" upon which legal conclusions and …