Law at the End of the Day

Larry Catá Backer's comments on current issues in transnational law and policy. These essays focus on the constitution of regulatory communities (political, economic, and religious) as they manage their constituencies and the conflicts between them. The context is globalization. This is an academic field-free zone: expect to travel "without documents" through the sometimes strongly guarded boundaries of international relations, constitutional, international, comparative, and corporate law.

Thursday, April 21, 2016

Flora Sapio, "Where's the Crisis in China's Legal System," TNote (Torino World Affairs Institute) No 10 (April 2016)

(Pix © Larry Catá Backer 2016)

We have been considering Jerome A. Cohen, “A Looming Crisis for China’s Legal System: Talented Judges and Lawyers are Leaving the Profession, as Ideology Continues to Trump the Rule of Law,” Foreign Policy (February 22, 2016)).

Part I: Larry Catá Backer
Part II: Flora Sapio
Part III: Jean Mittelstaedt
Part IV: Shaoming Zhou
Part V: 中外学者对中国法治改革的关注与讨论.
Part VI Sun Yuhua
Part VII White Jade; (English Version HERE)

A summary of some of out thoughts as well as additional insights have just been published. My thanks to Flora Sapio for an excellent essay, Flora Sapio, "Where's the Crisis in China's Legal System," TNote (Torino World Affairs Institute) No 10 (April 2016). Professor Sapio starts:

A recent article by Jerome Alan Cohen on “A looming crisis for China's Legal System”, which appeared on Foreign Policy, has sparked a discussion among European, American, Chinese scholars and practitioners of Chinese Law. The intellectual leadership of Jerome Alan Cohen over Western studies of Chinese law and the clear vision he has established for the field led to a passionate debate over the nexus between law and politics in China, and on what is most critical about China’s legal system.

The essay follows.

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About this Site:

At the end of the day, law?

. . . . Emperors and kings

Are but obeyed in their several provinces,

Nor can they raise the wind or rend the clouds;

But his domain that exceeds in this

Stretcheth as far as doth the mind of man.

A sound magician is a mighty god.

* * *

Cut is the branch that might have grown full straight,

And burned is Apollo's laurel bough,

That sometimes grew within this learned man.

Faustus is gone; regard his hellish fall,

Whose fiendful fortune may exhort the wise

Only to wonder at unlawful things,

Whose deepness doth entice such forward wits

To practise more than heavenly power permits.

Christopher Marlowe, "Dr. Faustus" (before 1593)

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All essays are (c) Larry Catá Backer except where otherwise noted. All rights reserved.
The essays may be cited and quoted with appropriate reference. Suggested reference as follows:
Larry Catá Backer, [Essay Title], Law at the End of the Day, ([Essay Posting Date]) available at [http address].

The author holds a faculty appointment at Pennsylvania State University. Notice is hereby given that irrespective of that appointment, this blog serves as a purely personal enterprise created to serve as an independent site focusing on issues of general concern to the public. The views and opinions expressed here are those of its author. This site is neither affiliated with nor does it in any way state, reflect, or represent the views of Pennsylvania State University or any of its entities, units or affiliates.

Globalization Law and Policy Series from Ashgate Publishing

About the Series:

Globalization: Law and Policy will include an integrated body
of scholarship that critically addresses key issues and theoretical debates in comparative and transnational law. Volumes in the series will focus on the consequential effects of globalization, including emerging frameworks and processes for the internationalization, legal harmonization, juridification and democratization of law among increasingly connected political, economic, religious, cultural, ethnic and other functionally differentiated governance communities. This series is intended as a resource for scholars, students, policy makers and civil society actors, and will include a balance of theoretical and policy studies in single-authored volumes and collections of original essays.

An interview with the Series Editor

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Larry Catá Backer
W. Richard and Mary Eshelman Faculty Scholar
and Professor of Law, Professor of International Affairs
Pennsylvania State University
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University Park, PA 16802
email: lcb911@gmail.com

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