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Socialist Law in Socialist East Asia

$125.00 (C)

Hualing Fu, John Gillespie, Pip Nicholson, William Partlett, Michael Dowdle, Glenn Tiffert, Pham Duy Nhia, Jason Buhi, Bui Ngoc Son, Sarah Biddulph, Pham Lan Phuong, Aaron Halegua, Cynthia Estlund, Do Hai Ha, Wendy Ng, Chen Li, Toan Le
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  • Date Published: August 2018
  • availability: In stock
  • format: Hardback
  • isbn: 9781108424813

$ 125.00 (C)
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About the Authors
  • Since China's reform and opening up started in 1978 and Vietnam's Doi Moi reforms were initiated in 1986, these two East Asian economies have adopted capitalistic models of development while retaining and reforming their socialist legal systems along the way. Tracking the trajectory of socialist laws and their legacy, this book offers a unique comparison of laws and institutional designs in China and Vietnam. Leading scholars from China, Vietnam, Australia and the United States analyze the history, development and impact of socialist law reforms in these two continuing socialist states. Readers are offered a varied insight into the complex quality and unique features of socialist law and why it should be taken seriously. This is a fresh theoretical approach to, and internal critique of, socialist laws which demonstrates how socialist law in China and Vietnam may shape the future of global legal development among developing countries.

    • Rejuvenates academic interest in socialist law with a unique comparison of laws and institutional designs in different socialist states
    • Insightfully accounts for the resilience of authoritarian socialism and explores the function of law in legitimizing and governing socialist states in transitions
    • Offers a sharp focus on China and Vietnam as an ongoing interpretation of the Soviet formulation of socialist law following the 100th anniversary of the Russian Revolution
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    Reviews & endorsements

    ‘Socialism is dead – long live socialist law! This important volume examines the genealogy, influence and continued relevance of socialist law in contemporary East Asia. Relying on a mix of conceptual, historical and analytic contributions, the authors collectively shed light on this understudied tradition, and in doing so advance our understanding of several important countries.' Tom Ginsburg, Leo Spitz Professor of International Law, Ludwig and Hilde Wolf Research Scholar, University of Chicago Law School

    ‘This rich volume demonstrates that socialist law remains a critical concept despite decades of liberal reforms. The fascinating chapters in this book not only shed light on the myriad ways in which socialist legal traditions have adapted to the modern world, but also highlight underappreciated institutions and practices. There is much here that will drive agendas in future comparative work.' David E. Landau, Mason Ladd Professor and Associate Dean for International Programs, Florida State University College of Law

    ‘Socialist legality, which originated from the Russian Revolution one century ago, is still very much alive and well today in Asia. In this book, leading scholars of Chinese, Vietnamese and Soviet laws provide up-do-date accounts of contemporary socialist law and society. They demonstrate that despite far-reaching reforms in recent decades, the contemporary legal systems and practices of China and Vietnam can only be fully understood in light of the socialist/communist political-legal tradition.' Albert H. Y. Chen, Cheng Chan Lan Yue Professor in Constitutional Law, University of Hong Kong

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    Product details

    • Date Published: August 2018
    • format: Hardback
    • isbn: 9781108424813
    • length: 460 pages
    • dimensions: 235 x 159 x 26 mm
    • weight: 0.76kg
    • contains: 1 table
    • availability: In stock
  • Table of Contents

    Part I. Socialism and Legality:
    1. Socialist law in socialist East Asia Hualing Fu, John Gillespie, Pip Nicholson and William Partlett
    2. What is not 'socialist' about socialist law Michael Dowdle
    Part II. Socialism and Legacies:
    3. The historical roots of socialist law William Partlett
    4. Socialist rule of law with Chinese characteristics: a new genealogy Glenn Tiffert
    5. The Soviet legacy and its impact on contemporary Vietnam Pham Duy Nhia
    Part III. Constitutions:
    6. Diverging trends in the socialist constitutionalism of the People's Republic of China and the Socialist Republic of Vietnam Hualing Fu and Jason Buhi
    7. Constitutional dualism: socialism and constitutionalism in contemporary Vietnam Bui Ngoc Son
    Part IV. Justice and Democratic Centralism:
    8. Democratic centralism and administration in China Sarah Biddulph
    9. Roots and routes: adapting the Soviet-inspired Vietnamese court and procuracy system Pip Nicholson and Pham Lan Phuong
    Part V. Labour:
    10. What is socialist about labour law in China? Aaron Halegua and Cynthia Estlund
    11. Strike settlement in transitional Vietnam and the persistence of socialist and Marxist-Leninist influences Do Hai Ha
    Part VI. Regulatory Approaches:
    12. Is Vietnam transitioning out of socialism or transforming socialism? Searching for answers in commercial regulation John Gillespie
    13. The influence of socialist principles on the legal regulation of markets in China Wendy Ng
    Part VII. Land:
    14. The evolution of the property system in China: between the socialist heritage and liberal market Chen Li
    15. From revolution to evolution: the changing meanings of socialist land in Vietnam John Gillespie and Toan Le.

  • Editors

    Hualing Fu, The University of Hong Kong
    Hualing Fu is a Professor of Law and Associate Dean at The University of Hong Kong.

    John Gillespie, Monash University, Victoria
    John Gillespie is a Professor of Law in the Monash Business School at Monash University, Victoria.

    Pip Nicholson, University of Melbourne
    Pip Nicholson is Professor of Law and Dean at Melbourne Law School, University of Melbourne, Australia.

    William Edmund Partlett, University of Melbourne
    William Partlett is an Associate Professor at Melbourne Law School, University of Melbourne, Australia.

    Contributors

    Hualing Fu, John Gillespie, Pip Nicholson, William Partlett, Michael Dowdle, Glenn Tiffert, Pham Duy Nhia, Jason Buhi, Bui Ngoc Son, Sarah Biddulph, Pham Lan Phuong, Aaron Halegua, Cynthia Estlund, Do Hai Ha, Wendy Ng, Chen Li, Toan Le

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