- Copyright Page
- Preface to the Second Edition
- Preface to the First Edition
- Notes on the Contributors
- Abbreviations
- Comparative Law Before the <i>Code Napoléon</i>
- Development of Comparative Law in France
- Development of Comparative Law in Germany, Switzerland, and Austria
- Development of Comparative Law in Italy
- Development of Comparative Law in Great Britain
- Development of Comparative Law in the United States
- Comparative Law in Central and Eastern Europe
- The Development of Comparative Law in Japan
- The Development of Comparative Law in Modern China
- Development of Comparative Law in Latin America
- Comparative Law and Comparative Knowledge
- Comparative Law in Legal Education
- The Functional Method of Comparative Law
- Comparative Law: Study of Similarities or Differences?
- Comparative Legal Families and Comparative Legal Traditions
- Comparative Law, Transplants, and Receptions
- Comparative Law and the Study of Mixed Legal Systems
- Comparative Law and its Influence on National Legal Systems
- Comparative Law and European Union Law
- Comparative Law and the Europeanization of Private Law
- Globalization and Comparative Law
- Comparative Law and the Islamic (Middle Eastern) Legal Culture
- Comparative Law and African Customary Law
- Comparative Law and Language
- Comparative Law and Legal Culture
- Comparative Law and Religion
- Comparative Law and Legal History
- Comparative Law and Socio-Legal Studies
- Comparative Law and Critical Legal Studies
- Comparative Law and Economic Analysis of Law
- New Directions in Comparative Law
- Sources Of Law and Legal Method in Comparative Law
- Comparative Contract Law
- Comparative Sales Law
- Unjustified Enrichment in Comparative Perspective
- Comparative Tort Law
- Comparative Property Law
- Comparative Succession Law
- Comparative Family Law
- Comparative Labour Law
- Comparative Company Law
- Comparative Competition Law
- Comparative Constitutional Law
- Comparative Law and Human Rights
- Comparative Administrative Law
- Comparative Criminal Law
- Comparative Civil Procedure
- Comparative Law And Private International Law
- Index
Abstract and Keywords
This chapter discusses the historical development of comparative law in modern China, from the late Qing dynasty to the present day. It first traces the origins of China’s reception of foreign law in the late Qing period, citing the Opium War as a watershed moment in the development of Chinese law and the elites’ efforts to transplant Western law. It then considers how ‘comparative law’ as a formal academic discipline took shape during the Republican era. It also examines the emergence of a completely different paradigm for legal reform under the People’s Republic of China (1949–78), with Soviet law replacing Western European and American law as the primary source of foreign influence. Finally, it describes the new era of political and legal reform that came after the death of Mao Zedong in 1976, focusing on Chinese politics in relation to Confucian pragmatism, nationalism, communism, and Western liberalism.
Keywords: Chinese law, communism, comparative law, foreign law, legal reform, liberalism, nationalism, pragmatism, Soviet law, Western law
Taisu Zhang is Associate Professor of Law, Yale University
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- Copyright Page
- Preface to the Second Edition
- Preface to the First Edition
- Notes on the Contributors
- Abbreviations
- Comparative Law Before the <i>Code Napoléon</i>
- Development of Comparative Law in France
- Development of Comparative Law in Germany, Switzerland, and Austria
- Development of Comparative Law in Italy
- Development of Comparative Law in Great Britain
- Development of Comparative Law in the United States
- Comparative Law in Central and Eastern Europe
- The Development of Comparative Law in Japan
- The Development of Comparative Law in Modern China
- Development of Comparative Law in Latin America
- Comparative Law and Comparative Knowledge
- Comparative Law in Legal Education
- The Functional Method of Comparative Law
- Comparative Law: Study of Similarities or Differences?
- Comparative Legal Families and Comparative Legal Traditions
- Comparative Law, Transplants, and Receptions
- Comparative Law and the Study of Mixed Legal Systems
- Comparative Law and its Influence on National Legal Systems
- Comparative Law and European Union Law
- Comparative Law and the Europeanization of Private Law
- Globalization and Comparative Law
- Comparative Law and the Islamic (Middle Eastern) Legal Culture
- Comparative Law and African Customary Law
- Comparative Law and Language
- Comparative Law and Legal Culture
- Comparative Law and Religion
- Comparative Law and Legal History
- Comparative Law and Socio-Legal Studies
- Comparative Law and Critical Legal Studies
- Comparative Law and Economic Analysis of Law
- New Directions in Comparative Law
- Sources Of Law and Legal Method in Comparative Law
- Comparative Contract Law
- Comparative Sales Law
- Unjustified Enrichment in Comparative Perspective
- Comparative Tort Law
- Comparative Property Law
- Comparative Succession Law
- Comparative Family Law
- Comparative Labour Law
- Comparative Company Law
- Comparative Competition Law
- Comparative Constitutional Law
- Comparative Law and Human Rights
- Comparative Administrative Law
- Comparative Criminal Law
- Comparative Civil Procedure
- Comparative Law And Private International Law
- Index