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Legal Transplantation in Early Twentieth-Century China - Practicing Law in Republican Beijing (1910s-1930s) (Paperback)
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Legal Transplantation in Early Twentieth-Century China - Practicing Law in Republican Beijing (1910s-1930s) (Paperback)
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"Practicing law" has a dual meaning in this book. It refers to both
the occupational practice of law and the practicing of transplanted
laws and institutions to perfect them. The book constitutes the
first monographic work on the legal history of Republican Beijing,
and provides an in-depth and comprehensive account of the practice
of law in the city of Beijing during a period of social
transformation. Drawing upon unprecedented research using archived
records and other primary materials, it explores the problems
encountered by Republican Beijing's legal practitioners, including
lawyers, policemen, judges and criminologists, in applying
transplanted laws and legal institutions when they were
inapplicable to, incompatible with, or inadequate for resolving
everyday legal issues. These legal practitioners resolved the
mismatch, the author argues, by quite sensibly assimilating certain
imperial laws and customs and traditional legal practices into the
daily routines of the recently imported legal institutions. Such
efforts by indigenous legal practitioners were crucial in, and an
integral part of, the making of legal transplantation in Republican
Beijing. This work not only makes significant contributions to
scholarship on the legal history of modern China, but also offers
insights into China's quest for modernization in its first wave of
legal globalization. It is thus of great value to legal historians,
comparative legal scholars, specialists in Chinese law and China
studies, and lawyers and law students with an interest in Chinese
legal history.
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