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Recursivity in Legal Change: Lawyers and Reforms of China's Criminal Procedure Law

Liu, Sida ; Halliday, Terence C.

Law & social inquiry, 2009-10, Vol.34 (4), p.911-950 [Periódico revisado por pares]

Malden, USA: Blackwell Publishing Inc

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  • Título:
    Recursivity in Legal Change: Lawyers and Reforms of China's Criminal Procedure Law
  • Autor: Liu, Sida ; Halliday, Terence C.
  • Assuntos: Asian history ; Attorneys ; Criminal defense attorneys ; Criminal justice ; Criminal Law ; Criminal procedure ; Criminal procedures ; Criminals ; Law ; Law reform ; Lawyer client communication ; Legal practice ; Legal reform ; Peoples Republic of China ; Police ; Policy Implementation
  • É parte de: Law & social inquiry, 2009-10, Vol.34 (4), p.911-950
  • Notas: ArticleID:LSI1169
    istex:2720C6EEBD3238A63B515B37F61D33C2D0F32D10
    ark:/67375/WNG-313M3645-7
    The authors would like to thank Ethan Michelson, Britta Rehder, Tanina Rostain, and anonymous reviewers for their helpful comments on the manuscript. Earlier versions of the article received valuable insights from presentations at the Law & Society Association's 2006 annual meeting and the East Asian Workshop at the University of Chicago in 2006. Financial support for the research was provided by research grants from the National Science Foundation (SES‐9213156) and the American Bar Foundation.
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    SourceType-Scholarly Journals-1
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  • Descrição: This article employs a new framework for legal change, the recursivity of law, to exphin why China's criminal procedure law has cycled through numerous reforms between 1979 and 2008 without improving the conditions of lawyers' criminal defense work. The authors argue that Chinese fowyers' difficulties in criminal defense have deep roots in the recursive nature of the criminal procedure reforms. In particular, those difficulties were produced by interactions of the four mechanisms of recursivity (indeterminacy of law, contradictions, diagnostic struggks, and actor mismatch) in both lawmaking and implementation. The empirical analysis shows that these mechanisms are linked in pairs and in sequence. This logic of change offers an integrated interdisciplinary approach to the enactment and implementation ofL · w in other times, places, and areas of law.
  • Editor: Malden, USA: Blackwell Publishing Inc
  • Idioma: Inglês
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  • Realização: ABCD-USP USP   Logos de Redes Sociais: Freepik

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