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2021 | Buch

Comparison of Vocabularies Between Chinese and Western Legal Languages Kapitel lesen Erstes Kapitel lesen

A Comparative Study of Chinese and Western Legal Language and Culture

verfasst von: Falian Zhang

Verlag: Springer Singapore

Buchreihe : Peking University Linguistics Research

Enthalten in: Springer Professional "Wirtschaft+Technik" , Springer Professional "Wirtschaft"

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Über dieses Buch

This book involves a variety of aspects and levels, including the diachronic and synchronic dimensions. Law profoundly affects our daily lives, but its language and culture can at times be nearly impossible to understand. As a comparative study of Chinese and Western legal language and legal culture, this book investigates the similarities and differences of both sides and identifies their respective advantages and disadvantages. Accordingly, it considers both social and cultural functions, and both theoretical and practical values.

Firstly, the book addresses the differences, that is, the basic frameworks and disparities between the Chinese and Western legal languages and legal cultures. Secondly, it explores relevant changes over time, that is, the historical evolution and the basic driving forces that were at work before the Chinese and Western legal languages and cultures “met.” Lastly, the book elaborates on their fusion, that is, the conflicts and changes in Chinese and Western legal languages and cultures in China in the modern era, as well as the introduction, transplantation and transformation of Western legal culture.

Inhaltsverzeichnis

Frontmatter
Chapter 1. Comparison of Vocabularies Between Chinese and Western Legal Languages
Abstract
Since the entry of China into the WTO, the process of world integration has been accelerated.
Falian Zhang
Chapter 2. Comparison of Syntactic Features Between Chinese and Western Legal Languages
Abstract
Engaged in the study of English and Chinese legal language and their translation, people may find that it is difficult to understand and translate legal documents. The main reason lies in the special sentences of legal language.
Falian Zhang
Chapter 3. Legal Culture
Abstract
Culture is a broad concept that is difficult to define strictly and precisely.
Falian Zhang
Chapter 4. Comparison Between Chinese and Western Legal Values: Harmony and Justice
Abstract
The legal value is the core issue in the study of legal philosophy. Further, the legal value concept is also an essential aspect of legal researches.
Falian Zhang
Chapter 5. Comparison Between Chinese and Western Legal Concepts: Law Following Nature and Natural Law
Abstract
The Chinese legal culture system has a long history, and the internal spirit that underpins this system is the legal philosophical view of the Taoist’s thought “law following nature”
Falian Zhang
Chapter 6. Comparison Between Chinese and Western Legal Principles: Rule of Man and Rule of Law
Abstract
The differences in the cultural patterns in China and in the west make the modern Chinese and Western legal cultures inevitably reject and conflict with each other.
Falian Zhang
Chapter 7. Comparison Between Chinese and Western Legal Orientations: Obligations and Rights
Abstract
There are at least two perspectives in understanding the orientation of law: on the one hand, from the perspective of the interest subject of law, law can be oriented towards both group and individuals.
Falian Zhang
Chapter 8. Comparison Between Chinese and Western Legal Nature: Public and Private Laws
Abstract
The traditional division between public laws and private laws is an important quintessence of Western legal systematic civilization.
Falian Zhang
Chapter 9. Comparison Between Chinese and Western Legal Justice: Substance and Procedure
Abstract
“The law is vital to ruling the country, and good law is the precondition of good governance”.
Falian Zhang
Chapter 10. Comparison Between Chinese and Western Legal Beliefs: Ethics and Religion
Abstract
From the perspective of history, legal culture can be roughly divided into Western belief culture and Chinese instrumentalism culture.
Falian Zhang
Chapter 11. Comparison Between Chinese and Western Legislatures
Abstract
The legislature is also known as the legislative branch or legislative body.
Falian Zhang
Chapter 12. Comparison Between Chinese and Western Judicatures
Abstract
Justice refers to the special activities of state judicatures and their judicial personnel in handling cases in accordance with their statutory powers and procedures.
Falian Zhang
Chapter 13. Comparison Between Chinese and Western Law Enforcement Agencies
Abstract
Law enforcement has both broad and narrow meanings. Firstly, in a broad sense, law enforcement, or the enforcement of laws, refers to the activities of state administrative organs, judiciary and the public officials in enforcing laws in accordance with legal procedures.
Falian Zhang
Chapter 14. Comparison Between Chinese and Western Judge Culture
Abstract
Ronald M. Dworkin, an American scholar, pointed out, “The court is the capital of the reich, the judge is the law of the princes”.
Falian Zhang
Chapter 15. Comparison Between Chinese and Western Lawyer Culture
Abstract
A lawyer refers to the practitioner who has acquired a lawyer’s practice certificate pursuant to the requirements for the practice of law and accepts a commission or is assigned to provide legal services to the parties.
Falian Zhang
Chapter 16. Comparison Between Chinese Assessor System and Western Jury System
Abstract
Jury system refers to the system in which the state judicial organ selects ordinary people who do not have legal professional knowledge to participate in trials.
Falian Zhang
Chapter 17. Comparison Between Chinese and Western Legal Education and Legal Professions
Abstract
Legal education “is one of the most basic modeling factors of a country’s legal system”, and plays an important role in the legal system. Law-based governance, scientific and technological development, economic globalization, sustainable development, and knowledge economy have brought unprecedented development opportunities and severe challenges to legal education.
Falian Zhang
Metadaten
Titel
A Comparative Study of Chinese and Western Legal Language and Culture
verfasst von
Falian Zhang
Copyright-Jahr
2021
Verlag
Springer Singapore
Electronic ISBN
978-981-15-9347-5
Print ISBN
978-981-15-9346-8
DOI
https://doi.org/10.1007/978-981-15-9347-5