Right, power, and faquanism : a practical legal theory from contemporary China / Tong Zhiwei ; translated by Xu Ping.
2018
KNQ446 .T67 2018 (Mapit)
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Details
Title
Right, power, and faquanism : a practical legal theory from contemporary China / Tong Zhiwei ; translated by Xu Ping.
Imprint
Leiden, The Netherlands ; Boston : Brill, [2018]
Description
xvi, 399 pages ; 25 cm.
Series
Law and society in China ; v. 1. 2468-8347
Formatted Contents Note
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.
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.
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, etc. 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.
Note
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, etc. 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.
Bibliography, etc. Note
Includes bibliographical references (pages 369-382) and index.
Available in Other Form
Online version: Tong, Zhiwei, 1954- author. Right, power, and faquanism. Leiden ; Boston : Brill, 2018
Call Number
KNQ446 .T67 2018
Language
English
ISBN
9789004381278 (hardback ; alkaline paper)
9789004381285 (e-book)
9004381279
9789004381285 (e-book)
9004381279
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