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Socialist Law in Socialist East Asia


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Table of Contents

Part I. Socialism and Legality: 1. Socialist law in socialist East Asia Hualing Fu, John Gillespie, Pip Nicholson and William Edmund Partlett; 2. What is not 'socialist' about socialist law Michael Dowdle; Part II. Socialism and Legacies: 3. The historical roots of socialist law William Partlett; 4. Socialist rule of law with Chinese characteristics: a new genealogy Glenn Tiffert; 5. The Soviet legacy and its impact on contemporary Vietnam Pham Duy Nhia; Part III. Constitutions: 6. Diverging trends in the socialist constitutionalism of the People's Republic of China and the Socialist Republic of Vietnam Hualing Fu and Jason Buhi; 7. Constitutional dualism: socialism and constitutionalism in contemporary Vietnam Bui Ngoc Son; Part IV. Justice and Democratic Centralism: 8. Democratic centralism and administration in China Sarah Biddulph; 9. Roots and routes: adapting the Soviet-inspired Vietnamese court and procuracy system Pip Nicholson and Pham Lan Phuong; Part V. Labour: 10. What is socialist about labour law in China? Aaron Halegua and Cynthia Estlund; 11. Strike settlement in transitional Vietnam and the persistence of socialist and Marxist-Leninist influences Do Hai Ha; Part VI. Regulatory Approaches: 12. Is Vietnam transitioning out of socialism or transforming socialism? Searching for answers in commercial regulation John Gillespie; 13. The influence of socialist principles on the legal regulation of markets in China Wendy Ng; Part VII. Land: 14. The evolution of the property system in China: between the socialist heritage and liberal market Chen Li; 15. From revolution to evolution: the changing meanings of socialist land in Vietnam John Gillespie and Toan Le.

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A fresh perspective on socialist law as practiced in China and Vietnam, two major socialist states.

About the Author

Hualing Fu is a Professor of Law and Associate Dean at The University of Hong Kong. John Gillespie is a Professor of Law in the Monash Business School at Monash University, Victoria. Pip Nicholson is Professor of Law and Dean at Melbourne Law School, University of Melbourne. William Edmund Partlett is an Associate Professor at Melbourne Law School, University of Melbourne.


'Socialism is dead - long live socialist law! This important volume examines the genealogy, influence and continued relevance of socialist law in contemporary East Asia. Relying on a mix of conceptual, historical and analytic contributions, the authors collectively shed light on this understudied tradition, and in doing so advance our understanding of several important countries.' Tom Ginsburg, Leo Spitz Professor of International Law, Ludwig and Hilde Wolf Research Scholar, University of Chicago Law School
'This rich volume demonstrates that socialist law remains a critical concept despite decades of liberal reforms. The fascinating chapters in this book not only shed light on the myriad ways in which socialist legal traditions have adapted to the modern world, but also highlight underappreciated institutions and practices. There is much here that will drive agendas in future comparative work.' David E. Landau, Mason Ladd Professor and Associate Dean for International Programs, Florida State University College of Law
'Socialist legality, which originated from the Russian Revolution one century ago, is still very much alive and well today in Asia. In this book, leading scholars of Chinese, Vietnamese and Soviet laws provide up-do-date accounts of contemporary socialist law and society. They demonstrate that despite far-reaching reforms in recent decades, the contemporary legal systems and practices of China and Vietnam can only be fully understood in light of the socialist/communist political-legal tradition.' Albert H. Y. Chen, Cheng Chan Lan Yue Professor in Constitutional Law, University of Hong Kong
'The text tells a highly readable story ... That this volume combines both depth and breadth with lucid accessibility makes it even more worthy of adding to any library collection.' Alice de Jonge, Australian Journal of Asian Law

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