1.

Record Nr.

UNINA9910971274103321

Autore

Cao Deborah <1962-, >

Titolo

Chinese law : a language perspective  Shuo fa / / Deborah Cao

Pubbl/distr/stampa

Abingdon, Oxon : , : Routledge, , 2016

ISBN

1-315-26041-7

1-351-95197-1

Edizione

[1st ed.]

Descrizione fisica

1 online resource (236 pages)

Disciplina

349.51

Soggetti

Law - China - Language

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

First published 2004 by Ashgate Publishing.

Nota di bibliografia

Includes bibliographical references and index.

Nota di contenuto

1. Introduction -- 2. What the Chinese said about law -- 3. Fazhi as rule of/by law -- 4. 'Ought to' as a legal performative -- 5. Right talk in Chinese -- 6. Chinese law and imprecise language -- 7. Doing things with words in the constitution -- 8. Lawmaking as a communicative act -- 9. Translating law over space and time -- 10. Last words.

Sommario/riassunto

Studying Chinese law from a linguistic and communicative perspective, this book examines meaning and language in Chinese law. It investigates key notions and concepts of law, the rule of law, and rights and their evolutionary meanings. It examines the linguistic usage and textual features in Chinese legal texts and legal translation, and probes the lawmaking process and the Constitution as speech act and communicative action. Taking a cross-cultural approach, the book applies major Western philosophical thought to Chinese law, in particular the ideas concerning language and communication by such major thinkers as Peirce, Whorf, Gadamer, Habermas, Austin and Searle. The focus of the study is contemporary People's Republic of China; however, the study also traces and links the inherited and introduced cultural and linguistic values and configurations that provide the context in which modern Chinese law operates.