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Embedded Courts - Judicial Decision-Making in China (Hardcover)
Loot Price: R3,251
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Embedded Courts - Judicial Decision-Making in China (Hardcover)
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Embedded Courts is laden with tension. Chinese courts are organized
as a singular and unified system yet grassroots courts in urban and
rural regions differ greatly in the way they use the law and are as
diverse as the populations they serve. Based on extensive fieldwork
and in-depth interviews, this book offers a penetrating discussion
of the operation of Chinese courts. It explains how Chinese judges
rule and how the law is not the only script they follow -
political, administrative, social and economic factors all
influence verdicts. This landmark work will revise our
understanding of the role of law in China - one that cannot be
easily understood through the standard lens of judicial
independence and separation of powers. Ng and He make clear the
struggle facing frontline judges as they bridge the gap between a
rule-based application of law and an instrumentalist view that
prioritizes stability maintenance.
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