Right, power, and faquanism : a practical legal theory from contemporary China / edited by Tong Zhiwei ; translated by Xu Ping.

Format:

Book

Author/Creator:

Tong, Zhiwei, 1954-

Series:

Law and Society in China 1.

Law and society in China ; v. 3

Language:

English

Subjects (All):

Law--China--Philosophy.

Law.

Law--Political aspects--China.

Jurisprudence.

Physical Description:

1 online resource.

Place of Publication:

Leiden ; Boston : Brill, 2018.

Summary:

In Right, Power, and Faquanism , Tong Zhiwei proposes that right and power are ultimately a unified entity which can be named “faquan,” and that the purpose of law should be to establish a balanced faquan structure and to promote its preservation and proliferation. “Faquan” is thus a jurisprudential category reflecting the understanding of the unity of right and power. It has interest protected by the law and property with defined ownership as its content, and manifests itself as the external forms of jural right, freedom, liberty, jural power, public function, authority, competence, privilege, and immunity, et cetera Faquanism relies mainly on six basic concepts (faquan, right, power, quan, residual quan and duty) to analyze the content of interests and property in all legal phenomena.

Contents:

Front Matter

Copyright page

Foreword / Jerome A. Cohen

Preface

Introduction

Investigation and Reflection on Fundamental Propositions of Traditional Legal Studies of China

The Fundamentals of Faquanism

Faquanist Theory of the Center of Law

Methodological Foundation of Faquanism

Interpretative Framework of Legal Phenomena of Faquanism

Conclusion

Back Matter

Selected Bibliography

Index.

Notes:

Includes bibliographical references and index.

ISBN:

90-04-38128-7

Publisher Number:

10.1163/9789004381285 DOI