Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

112 results

Page 1 of 6

  • Dignity Discourses in Struggles for Basic Legal Freedoms in China

  • Terence C. Halliday, Sida Liu
  • Journal:
    Asian Journal of Law and Society / Volume 8 / Issue 1 / February 2021
    Published online by Cambridge University Press:
    06 August 2021, pp. 134-150

  • How do dignity discourses shift the framing of struggles for basic legal freedoms? Based on our decade-long empirical research on lawyers and politics in China, we provide a theoretical intervention in a burgeoning socio-legal scholarship on dignity in this article. Drawing inductively from in-depth interviews, we find that a powerful current of dignity consciousness and sentiment, joined by an acute awareness of dignity harms, flows through the community of Chinese activist lawyers. Their dignity discourses can be witnessed and explained in four streams of awareness: (1) dignity experienced as an ideal in juridical, philosophical, and theological idioms; (2) dignity takings experienced indirectly and directly in the property takings of clients’ homes, farms, and livelihood; (3) assaults on dignity through property takings of spaces of religious worship; and (4) the takings of professional dignity from the lawyers charged with defending the dignity of others. This article points to the value of dignity framings in the general theory of collective action for basic legal freedoms.

  • Chapter Two - Why Do Transnational Legal Orders Persist?

  • from Part II - Transnational Legal Ordering and Transnational Crimes
  • Edited by Gregory Shaffer, University of California, Irvine, Ely Aaronson, University of Haifa, Israel
  • Book:
    Transnational Legal Ordering of Criminal Justice
    Published online:
    05 June 2020
    Print publication:
    02 July 2020, pp 51-83

  • Summary

    There are vexing puzzles about one of the most comprehensive, far-reaching, most deeply penetrating and punitive of TLOs: anti-money laundering (AML). Despite its seemingly successful institutionalization, the AML TLO exhibits many deficiencies and imposes extensive costs on the private and public sectors, and harms upon the public. Given these failings, what explains its persistence? Could it also be the case that the pervasiveness and penetration of the AML TLO indicates it may constitute a particular species of “disciplinary” TLOs? Drawing on an intensive study at a moment when the TLO’s governing norms and methodologies of implementation were undergoing revision and expansion, as well as on observation and participation in AML/CFT activities over three decades, the chapter brings rich empirical evidence to address these questions: first, by briefly sketching the thirty-year development and workings of the AML TLO; second, by considering its benefits, costs, deficiencies and harms; third, by appraising explanations for its persistence, including the fact that it (1) works in some degree, (2) harms are felt most by weak domestic actors, (3) costs are largely hidden from the public, (4) the TLO has surface plausibility, (5) it is difficult to critique a TLO that purports to control terrorism, and (5) it is sustained by geopolitics; and, fourth, by arguing that the AML TLO may be distinctive insofar as it is a disciplinary TLO. Those singular properties may in fact be shared substantially by other TLOs directed at crime. The site of criminal justice thereby encourages a more differentiated understanding of TLOs in 21st century settings.

  • 15 - The International Legal Complex: Wang Yu and the Global Response to Repression of China’s Rights’ Lawyers

  • from Part IV - Political Liberalism and the Legal Complex
  • Edited by Rosann Greenspan, University of California, Berkeley, Hadar Aviram, Jonathan Simon, University of California, Berkeley
  • Book:
    The Legal Process and the Promise of Justice
    Published online:
    18 April 2019
    Print publication:
    13 June 2019, pp 289-313

  • Summary

    On June 15, 2015, China’s official media launched an unprecedented public disinformation campaign against Wang Yu, a commercial lawyer who had emerged as a bold rights activist in the several years following her imprisonment by the Railway police for what she asserted was a false charge of beating someone on a station platform in Tianjin, a coastal city near Beijing. The coordinated nationwide attack, labeled by many of her supporters as a “smear campaign,” included coverage in official newspapers, including People’s Daily, online at People’s Net, and on CCTV, China’s multi-channel TV network. The articles alleged that this petite ex-prisoner had beaten someone to death, and then the official press “sarcastically” questioned whether she could be an authentic advocate to “represent justice and human rights” (B1610).

Constitution-Making and Transnational Legal Order
  • Edited by Gregory Shaffer, Tom Ginsburg, Terence C. Halliday
  • Published online:
    08 April 2019
    Print publication:
    18 April 2019
  • Since the rise of the nation-state in the nineteenth century, constitutions have been seen as an embodiment of national values and identity. However, individuals, ideas, and institutions from abroad have always influenced constitutions, and so the process is better described as transnational. As cross-border interaction is increasing in intensity, a dominant transnational legal order for constitutions has emerged, with its own norms, guidelines and shared ideas. Yet both the process and substance of constitution-making are being contested in divergent and insurgent constitutional orders. Bringing together leading scholars from the United States, Europe, Latin America, and Asia, this volume addresses the actors, networks, norms and processes involved in constitution-making, as well as the related challenges, from a transnational and comparative perspective. Drawing from the research on transnational legal orders, this work explores and examines constitution-making in every region of the world.

  • Legal Freedoms: Struggle in the Theory of Legal Change in Asia

  • Terence C. HALLIDAY
  • Journal:
    Asian Journal of Law and Society / Volume 5 / Issue 1 / May 2018
    Published online by Cambridge University Press:
    02 April 2018, pp. 233-246
    • Article
      • You have access
    • PDF
    • HTML
    • Export citation

Page 1 of 6