| Autor: |
Alford, William P., Rosett, Arthur, Cheng, Lucie, Woo, Margaret Y. K. |
| Předmět: |
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| Zdroj: |
East Asian Law; 2002, p181-203, 23p |
| Abstrakt: |
This chapter looks at the legal profession in the People's Republic of China. U.S. scholars and policy makers concerned with legal development in the People's Republic of China share a deep faith in the value of China developing a legal profession that operates as we would like to think our own does. Indeed, this idea is so deeply ingrained that it is rarely broken out for critical examination but instead is treated as an obvious good, the attainment of which is essentially a matter of time. U.S. portrayals of Chinese legal development whether for scholarly or more policy-oriented ends have tended to take as a given the model of legality generally believed to be in effect in our country today. Only infrequently are its fundamental assumptions questioned or even scrutinized through balanced accounts of its historical development, careful consideration of the interplay of law with other norms and institutions in contemporary U.S. society, or rigorous comparison with the experience of other nations. Unexamined, such assumptions run the risk of leaving us with an impoverished understanding not only of the role that the emerging legal profession is playing in China, but also of both the complexity of legal development there more broadly and the limits of the ideology of professionalism in law. |
| Databáze: |
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