The Roots of Intellectual Property Rights in China
Background
This bibliography is for the purpose of my anticipated master’s thesis, to further explicate the nature of intellectual property (IP) law in China. Of course, this is not an easy goal as most scholars have noted, there is only a limited notion of intellectual property in dynastic China, only lately appearing due to the Western cultural exchange. My historical period will be Ming-Qing China, with emphasis on the Great Qing Code. I accommodated this bibliography to meet this goal by surveying Chinese law through history, sociological, and political affairs perspectives. Law is accounted for not only in terms of IP itself, but civil law as well; I depend on Philip C.C. Huang’s work in defining “civil justice” from Chinese law, which has no distinction between criminal and civil law, to accomplish this goal first and foremost.
I have structured this bibliography to meet two environmental goals. First, as a current student at University of Oregon, I wanted my bibliography to reflect what is available at UO students’ disposal. My source reviews, as well as the the whole of the first area of my sectional bibliography (Central Sources), are designed with this in mind. The call numbers I use are denoted by the libraries they are available in. Second, as a future student at University of Washington, I wanted to expand on these sources with information that would be available for myself at that institution. I have organized the sources that fit this description into the latter two areas of my sectional bibliography (Regional Sources and Universal Sources). The call numbers I included are regional numbers, rather than Library of Congress call numbers. Finally, I included a cumulative bibliography for the sake of strict alphabetization.
Sectional Bibliography
Central Sources
<KNIGHT> H 62.5.C5.T45 2007
Furth, Charlotte, Judith T. Zeitlin, and Ping-chen Hsiung eds. Thinking with Cases: Specialist Knowledge in Chinese Cultural History. Honolulu: University of Hawai’i Press, 2007.
Cultural study (e.g. social anthropology) and the law come hand and hand; this has been an established fact since Weber and Durkheim “started” the discipline of sociology. Thinking with Cases is a book that shows the value of cultural analysis for the study of law. The authors attempt to merge articles regarding “cases” together between three unusual fields: law, medicine, and religion. Obviously the first is the most helpful for studying law, but the brilliance of this anthology is that it tries to link these notions together to portray the utility and meaning behind the use of examples. It is in a sense foundational for the study of law because it examines the axiological divide between East and West in terms of method of analysis. The section on law itself is broken into three articles: one pertaining to late Ming casebooks (even including an examination of court case fiction, gong’an xiaoshuo) and law manuals; the next dividing hand books between prescriptive manuals, expository on law code, and opinions/sentences in terms of forensic analysis; the last regarding affidavits in Qing legal cases. All three of these are interesting pieces that are great for formulating notions concerning the historical roots of Chinese law, but it seems as though the first article is best due to its uncommon focus and how well in distills ancient law into an essence, brewing in even fiction to display how the legal process was seen in past dynasties.
<LAW> KNN 33.A4.E55 2005
Jiang Yonglin. The Great Ming Code / Da Ming lü. Seattle: University of Washington Press, 2005.
Professor Jiang was an assistant for William Jones in writing his translation of the Great Qing Code, so it can be assumed that the scholarship of this work is superb. The Great Ming Code was a formative precedent to the Great Qing Code, and was written by the founding bureaucracy of the Ming dynasty. Because the law code is filtered through the political times, the Ming Code is worth studying in how the political turmoil of the Ming’s restoration of Han culture resounded even to the ascendancy of non-Han people. Finally, the Ming Code is worth studying because it represents the first formal code garnering commercial law, including code pertaining to salt monopolies. As a result, I believe this source is important for understanding the roots of civil law.
<KNIGHT> KNN 34.A4.E54 1994
Jones, William C, tr. The Great Qing Code. New York: Oxford University Press, 1994.
As one of the primary sources for my writing, along with the “134 Qing Cases”, this book is unsurpassed in its importance. The Qing Code is the polestar to my thesis, and although it lacks a certain bearing to civil law beyond administration, it is still the major source of law in late imperial China. Jones rarely comments upon the text in any other form than introduction to his translation, so it is a “pure” text that can articulate cleanly with my secondary sources. His interpretation acknowledges the clear line drawing the Qing in relation to the Tang Codes, and he tends to talk of the law as a continuous tradition. These thoughts do not emerge in his translation, but they are helpful for interpreting his text, when there is a dearth of scholarship regarding the Tang Codes.
<CHINESE> KNN 34.T3 1993
张荣铮, 刘勇強, 金懋初点校. “大清律例“. 天津: 天津古籍出版社, 1993
Zhang Rongzheng, Liu Yongqiang, Jin Maochu eds. Da Qing Lu Li. Tianjin: Tianjin Classics Press (Tianjin gu ji chuban she), 1993.
This is the Chinese form of the Great Qing Code. There seems to be a lot more commentary in this version than the version by Jones. It resembles the Confucian Classics, with commentaries in small font accompanying the code. The nature of these seem more explicative than interpretative: contextual issues are generally taken care of in footnotes than in passage scribblings. It seems sensible that this form has a lot of advantages over the more straightforward English version. An example of this is the commentaries in the introduction to the 13th scroll, one encompassing family law (戶律). Commentaries in the first line explain archaic grammar and vocabulary, in addition to fill in a few of the interpretive blanks involving what constitutes a suspect in private law. The entire text is in simplified script, as well.
<LAW> KNN 63.4.M56213 1999
McKnight, Brian E and Liu, James T.C. trans. The Enlightened Judgements: Ch’ing-ming Chi. Albany: State University of New York Press, 1999/
During the late years of the Southern Song dynasty, Chan Yanfu from Fujian province wrote an expansive collection of law cases. Intended to be the interest of local magistrates, this book is a translation and interpretation of Chan’s work. McKnight divides the book into chapters based upon what type of law the cases appeal towards, with the vast majority dealing with either family or public law. However, a great deal of cases concern property disputes. If there is a manner of contrasting intellectual property and (landed) property law, then this book is an appealing addition to the study of the history of Chinese law.
<LAW> KNN 64.L38 1967
Bodde, Derk and Morris, Clarence. Law in Imperial China: Exemplified by 190 Ch’ing Dynasty Cases, With Historical, Social, and Juridical Commentaries. Cambridge: Harvard University Press, 1967.
Case studies are very important for the study of law, as they inform us how to act in an analogical way. This book is one of the first translated case study volumes, the Xing’an Huilan. Bound sets of prescriptions are held within a case study, and in effect this text will illustrate how the Great Qing Code operates. This book not only attempts to establish the basis of law in China in its first part, but through the translated case studies, it shows practical interpretation of Qing dynastic law. As a result, Bodde and Morris’s text is utterly essential, even if it has a focus on criminal law.
<LAW> KNN 122.E86 1980
Cohen, Jerome Alan, Edwards, R. Randle, and Fu-mei Chang Chen. Essays on China’s Legal Tradition. Princeton: Princeton University Press, 1980.
This is an anthology of texts from a variety of historians, including Derk Bodde. Of particular merit is Brockman’s essay on commercial contract law in 19th century Taiwan and Fu-Mei Chang Chen’s essay on Shen Zhiqi’s commentary on Qing judicial decisions. Brockman discusses how customary law is the basis of contract law in Taiwan, an interesting notion for a pragmatic approach to civil law in historical China. The bulk of his work covers buy-seller exchange and negotiation, parts of law which do not really constitute the abstract principles of law as we know them. Fu-mei Chang’s work covers the Xing’an Huilan law case book that Derk Bodde so decisively translated and interpreted. She focuses specifically on a bureaucrat named Shen Zhiqi, whose private commentary on the Qing Code exercised a gigantic influence among legal scholars in the court of Qianlong forward. As a result, Fu-mei’s article is profoundly important to the study of Qing dynastic law, and repudiates this as an appropriate source.
<LAW> KNN 122.H43 2005
Head, John W. and Yanping Wang. Law Codes in Dynastic China: A Synopsis of Chinese Legal History in the Thirty Centuries from Zhou to Qing. Durham: Carolina Academic Press, 2005.
A book covering the evolution of Chinese law from Hundred Schools of Thought to the Qing Code, this book is serviceable as a road map to the history of Chinese law. It is dependent upon a great deal of sources listed in this bibliography, including Bodde and Morris, Fairbank, and Hulsewe. As a result, this can be considered a “tertiary” source, something of a guide to applying more detailed secondary sources for the purpose of linked history. This will be the perfect for writing the framework for historical background of law prior to the Qing Code.
<KNIGHT> KNN 122.B37 1997, KNN 122.L39 1997, KNQ 1829.C66 1997, KNQ3202.F67 1997
Lee, Tahirih V, ed. Basic concepts of Chinese law. New York: Garland Publishing, 1997.
Lee, Tahirih V, ed. Law, the State, and Society in China. New York: Garland Publishing, 1997.
Lee, Tahirih V, ed. Contract, guanxi, and dispute resolution in China. New York: Garland Publishing, 1997.
Lee, Tahirih V, ed. Foreigners in Chinese law. New York: Garland Publishing, 1997.
I couple these books together because they form a four part series. The third part is entitled “Contract, Guanxi, and Dispute Resolution in China” and the fourth “Foreigners in Chinese Law”. Each has a particular focus, as their topic indicates, but most of them deal with law in contemporary China. For instance, the second book only devotes three chapters to Republican Era or Qing China. Meanwhile, the first book too deals only loosely in regard to Chinese history, most dealing with the past thirty years in Chinese law. These articles are of unmistakable quality, including work by Jerome Cohen (head Chinese law professor at Harvard) and William Alford (head Chinese law professor at Stanford). My task with law is not so much wholly focused on the historical qualities of law, but reconciling this legacy with current practices. To this end, Tahirih Lee’s series seems quite helpful. It is all very discursive in focus, and the most interesting article is one written by Hom and Malloy which deals with the two professor’s experience teaching law and economics to Chinese lawyers in 1993. It takes the format of a series of letters, and each author has a varying understanding of Chinese so it makes for a cultural experience inasmuch one on law. Suffice it to say, the entire volume would make for an interesting contribution to a thesis regarding Chinese law, no matter the subject.
<KNIGHT> KNN 1155.A958 1995
Alford, William P. To Steal a Book Is an Elegant Offense: Intellectual Property Law in Chinese Civilization. Stanford: Stanford University Press, 1995.
By title, this is the perfect book. It examines a contemporary phenomenon, infringement, and the author attempts to discern why intellectual property law, especially the copyright, never appeared in Chinese civilization. Although a good portion talks about imperial China’s lack of “a sustained indigenous counterpart to IP law” (2), the mass of the book is about the failure of forms of IP law to become widespread in practice in China. A lot has to do with Republican Era and Maoist China, so it is a bit beyond my initial interest in the field, specifically with late imperial China. It seems as though the book’s talk about axiological law will deal largely with philosophy, wherein the idea of “novelty” and copyright are discussed in context of Classical Confucianism. This book should nonetheless prove helpful, if not one hundred percent essential, to any inquiry into Chinese law.
<KNIGHT> KNN 1572.C58 1994
Bernhardt, Kathryn and Philip C.C. Huang eds. Civil Law in Qing and Republican China. Stanford: Stanford University Press, 1994.
This book is an anthology of writings concerned with civil and administrative law in late imperial China. Not only does it include the requisite chapters introducing law in China to the novice, but then it examines law in particularly notable instances. This is largely an interdisciplinary task, as many deal with social dimensions of the practice of law (who and what defines professional law practice) as well as analysis of textual sources on Chinese law. Because the breadth of this book and the credibility of the authors as astute historians (Zelin) as well as trained lawyers (Huang), this is quite an extraordinary piece for my thesis’s topic. And as demonstrated, civil law in China is incredibly important for my academic mission as well as many others; it exists as the critical theoretical link between yesterday and today, in terms of Chinese forms of law.
<LAW> KNN 1572.H83 1996
Huang, Philip C.C. Civil Justice in China: Representation and Practice in China. Stanford: Stanford University Press, 1996.
An important distinction for my project requires the imposition of a Western ideal onto Chinese law traditions. The distinction between civil and criminal law is something that does not sustain to Chinese sources of law, and Huang makes this clear by differentiating between civil law and civil justice. He makes the definition that civil law does not exist by virtue of the lack of a specific notion denoting private rights in China, and cites William Jones as representing the most extreme pole of this interpretation. On the other hand, he states that civil justice must have existed, for cases made to protect property rights and contracts almost never levied criminal punishment. This is the fundamental assertion he assumes, as he gives us a discursive explication of this form of “civil justice” in China, from lawsuits and mediation to strategies of “civil justice” related legislation. I believe this book is key for my thesis question, because people claim that intellectual property did not have associated rights in China. It might be possible to follow Huang’s example to appropriate a standard of upholding intellectual property in imperial China.
<LAW> KNN 1572.H834 2001
Huang, Philip C.C. Code, Custom, and Legal Practice in China: The Qing and the Republic Compared. Stanford: Stanford University Press, 2001.
By title alone it is obvious that this book is important for my question. It means to place Huang’s established notion of “civil justice” into a period fraught with ideas brought in from the West. Huang sees it as an adaptation of a German model, but also as a revision of the Great Qing Code. This portion is the seed of my interest, to find the continuities of tenets from the Qing Code found today. He focuses heavily on civil law as well as property law (dian). He also expands upon other China legal scholars by examining the nature of custom in shaping law. All and all, this is another book in his series “LAaw, Society, and Culture in China”; each addition to this contributes greatly to the goals of my thesis.
<KNIGHT> KNN 3800.M33 1990
MacCormack, Geoffrey. Traditional Chinese Penal Law. Edinburgh: Edinburgh University Press, 1990.
The majority of this book focuses upon early imperial China, with only a small portion on Ming and Qing law in terms of history. However, a good portion does deal with the evolution of the tradition of law based on the Tang code, which is my primary interest for study. His main source tends to be the Da Qing luli huiji bianlan, which I want to spend a great deal of time studying. He talks about law textually, but also discusses how it was enforced from dynasty to dynasty. In talks about punishment, both in terms of capital punishment and compensatory damages, it goes a long distance to explain social roles within these, especially for the bureaucrat. Finally, he explains contract and family law in tandem. All of these chapters appeal to the highest textual sources — the Qing and Tang codes — but are sensible for each dynasty. This is quite an extraordinary book for this subject.
<KNIGHT> KNP 490.T383.A46 1994
Allee, Mark A. Law and Local Society in Late Imperial China: Northern Taiwan in the Nineteenth Century. Stanford: Stanford University Press, 1994.
Sociological aspects of law are valuable contributions to examining what makes a “legacy”, and certainly including Taiwan into a study of late imperial China is a good thing. This book tends to cover family law above all other forms, but in doing so covers the territory of civil law in China that is so crucial, for a principle notion separating Chinese law from Western law is that there was not explicit division between civil and criminal law. A good deal of the book covers criminal proceedings, including court procedure. It covers the so-called Dan-Xin archives, a rarely utilized bulk of law cases that deal with mostly commercial matters. All of this is tempered by setting: Taiwan during the 19th century was a military settlement, and this affected administrative law in a profound way. Although frontier politics is not a major part of this research topic, my specialty falls within the area, so this book would be an interesting addition, and would contribute some great case studies to law enforcement and crafting.
<LAW> KNQ 48.7.W75 2007
Hegel, Robert E. and Carlitz, Katherine. Writing and Law in Late Imperial China: Crime, Conflict, and Judgment. Seattle: University of Washington Press, 2007.
This is a multidisciplinary examination of law in Late Imperial China, perfectly attuned to the nature of my study. Including work by UO professor Maram Epstein, this book takes a tripartite examination of the nature of Chinese law. First, it looks at rhetoric in persuasion and how it pertains to law in dynastic China. Most of the articles in this section examine law via literature, which indeed held an influential fixture within late imperial Chinese popular novels (e.g. Judge Di). Part two examines legal discourse in the auspices of state authority. Most applicable in this section seems to be Buoye’s discussion of leniency of punishment found in the Qing Code. The final section deals with the interplay between legal procedure and literary tropes. This section is especially useful because it deals with the notion of legal case studies, which is a central part of demonstrating a workable practice for a theorized form of proto-IPR law. Thus, the last third of this book is worth examining.
<LAW> KNQ 92.C36 2004
Cao, Deborah. Chinese Law: A Language Perspective. Burlington: Ashgate Publishing, 2004.
Despite the lofty title, this book may have limited use for the topic of historical law. Cao’s mission is not to address law universally as it is to deal with law in the here-and-now China. She appeals to historical forms of law only through Hundred Schools texts, largely through Kongzi, Han Feizi, Xunzi, and Lord Shang. From here, her approach deals with the modern form of Mandarin Chinese. However, I do enjoy the fact that she employs a broad understanding to law, even as she focuses on language. She employs linguistic (e.g. Gadamer) and critical (e.g. Habermas) sources to analyzing how law communicates universally, and then applies her knowledge to make case examples with the Chinese language, specifically focusing on cases of particular consonance. Great in theory, but of limited use to the mission of my historical study — perhaps Cao’s text will come in handy in understanding what makes the history of law a specific legacy, with application in today’s China.
<LAW> KNQ 500.M5413 1989
Jones, William C. ed. Basic Principles of Civil Law in China. Armonk: M.E. Sharpe, 1989.
Although a bit dated, this book deals with civil law in modern China. William C. Jones is the erudite scholar who translated the Great Qing Code, so it this book is unquestionable in its veracity and context in historical study (even if this book predates his translation of the Code). His understanding of civil law as a theory and practice is crucial for an understanding the essential bond between IPR law in contemporary and dynastic China.
<LAW> KNQ 1155.F46 1997
Feng, Peter. Intellectual Property in China. Hong Kong: Sweet & Maxwell Asia, 1997.
Focused on issues and aspects of intellectual property law in contemporary China, this is probably the most technically sound book on IP law in China. It includes Chinese terms for technical terms (for instance, zhuoqingquan, “at the court’s discretion”, a term applied for the judicial discretion entailed in calculating economic losses in IPR cases). The book is systematically organized and includes citations that are intensely interesting and detailed. Perhaps the technical detail precludes reading by any scholar not familiar with law as a profession, but this would be a tragedy given the sheer amount of useful information held in this tome.
<LAW> KNQ 1160.H8 2000
Hu, Robert Haibin. Guide to China Copyright Law Studies. Buffalo: William S. Hein & Co, 2000.
As a research guide to intellectual property rights in China, this is a fantastic source. It has a brief bibliography, including articles and dissertations, all on the subject. It also includes a full listing of websites, institutions (i.e. affiliated with the government, such as the USTR) related to copyright law and China. The focus is mainly on contemporary law, but this only slightly diminishes the utility of this great source.
<KNIGHT> KNQ 1160.Q2 2002
Sanqiang Qu. Copyright in China. Beijing: Foreign Languages Press, 2002.
Copyright in China as it is remains complicated, even without including the historical breadth of the legacy of law. This book sets out to examine the state of copyright law in China, especially the intricacies of the law since its admittance to the WTO in 2001, so it focuses one chapter heavily upon international standards. For my look at the nuances of IP law in modernity, my focus will be placed on international standards via international organizations so this is particularly useful. Qu also covers copyright law’s infringement (in a variety of media), what defines a copyrightable work (i.e. what is “original”), but draws careful attention to what makes Chinese law so unique. This uniqueness leads to deep political explorations, not only of the legal reforms occurring through the Deng Xiaoping and Jiang Zemin administrations, but also looking at Western influence on law crafting. Its focal points are valuable for exploring the topic of law in China. Qu has written a great book with this, not only due to his own brilliant scholarship, but also that he has drawn his work from the top scholars in the field including Bodde, Alford, and Zheng Chensi.
<KNIGHT> KNQ 1572.M33 1998
Macauley, Melissa. Social Power and Legal Culture: Litigation Masters in Late Imperial China. Stanford: Stanford University Press, 1998.
As the term master implies, this book covers the vocation of the barrister in late imperial China in a sociological manner. It focuses upon popular perceptions of lawyers and other elites involved in law. Because the lawyer-elite is a social entity according to Macauley, she seeks to find the context of these elites, what made them powerful, and what effect they had upon the law. These litigation masters are not simply villians or frauds, she finds; they were power brokers with an agenda that was not completely selfish. Their mastery of the law was also not universal, for some were merely literate individuals willing to help those in need of legal aid. Giving a face to these individuals might prove helpful for identifying the legacy of law in China, and through them it is possible to see a dimension of their larger institutional context. Sociological studies such as this prove that an interdisciplinary approach exposes a lot of elements completely lost by a wholly textual focus.
Regional Sources
China intellectual property law guide. Frederick: Aspen Publishers, 2005. <KNQ1155 .C45 2005>
Available copies: 1. A copy of this book is available at the University of Washington Law Library.
China law reports. Singapore: Butterworths Asia, in co-operation with China Law and Cultural Publications, 1995-. <KNQ19.A35 C44>
Available sets: 1. This is an annual journal, and University of Washington Law is the only school with a subscription to it. They hold their copies in the reference area.
Neil J. Diamant, Stanley B. Lubman, and Kevin J. O’Brien eds. Engaging the law in China : state, society, and possibilities for justice. Stanford: Stanford University Press, 2005. <KNQ1155 .G355 2005>
Available copies: 7. This is a widely available book in the Northwest. Five of these copies come from Washington, including Seattle University and Washington. However, two are available in institutions in Oregon: George Fox and Willamette Universities.
Feng Xu. The law of China: dancing with the dragon in the 21st century.West Hartford: Graduate Group, 2005. <KNQ68 .X8 2005>
Available copies: 2. Available at Lewis and Clarke and Willamette’s law libraries.
Ganea, Peter and Pattloch, Thomas. Intellectual property law in China. Frederick: Aspen Publishers, 2005 <KNQ1572 .E54 2005>
Available copies: 3. The Law Library has a copy of this in their archives. Unfortunately, I was unable to get it in time. In addition, Lewis and Clarke and Washington’s Law Libraries both have this book available.
Gao Fuping. Zhongguo wu quan fa: zhi du she ji he chuang xin (Real right law of China: institution design and innovation). Beijing: Zhongguo ren min da xue chu ban she (China Public scholarly press), 2005. <KNQ640 .G366 2005>
Available copies: 1. A copy of this book is available at the University of Washington Law Library.
Karen G. Turner, James V. Feinerman, and R. Kent Guy. The limits of the rule of law in China. Seattle : University of Washington Press, 2000. <KNQ2025 .L56 2000>
Available copies: 7. This is available in the UO Law Library, however it was unable to find it on the shelves. In addition, there are six other available copies, most of which are at University of Washington.
Hong Xue and Zheng Chensi. Chinese intellectual property law in the 21st century. Hong Kong: Sweet & Maxwell Asia, 2002. <KNQ1155 .X94 2002>
Available copies: 2. This text is available at Washington and Willamette Law Libraries.
Riley, Mary L ed. Protecting intellectual property rights in China. Hong Kong: Sweet & Maxwell Asia, 1997. <KNQ1155 .P76 1997>
Available copies: 1. University of Washington Law Library has the only copy.
Svarverud, Rune. International law as world order in Late Imperial China : translation, reception and discourse, 1847-1911 Boston: Brill, 2007. <KNN2325 .S88 2007>
Available copies: 3. University of Washington and Lewis and Clarke have copies of this book.
Zhongguo fa lü (China law). Hong Kong: Zhongguo fa lü za zhi she you xian gong si (China law magazine electronic journal), 1994-. <KNQ6 .C65>
Available sets: 3. This is a periodical available, in full, at University of Washington Law library’s classified stacks. In addition, Lewis and Clarke has copies dating back to 2005, and Willamette to 1995.
Zhongguo fa xue hui (Chinese legal research society) and Bi jiao fa yan jiu hui (Comparative law research group). Bi jiao fa zai Zhongguo (Comparative law in China). Beijing: Fa lü chu ban she (law publishing inc), 2001-. <K521 .B6>
Available sets: 1. This is an annual journal, and University of Washington Law is the only school with a subscription to it. They hold their copies in the classified stacks.
Universal Sources
Alford, William P. Understanding Chinese Attitudes Towards Intellectual Property (IP) Rights. CIO, September 15, 2006.
Beijing, China. Embassy of the U.S. IPR toolkit: intellectual property rights in China Washington, D.C.: U.S. State Dept., 2005.
Columbia Journal of Asian Law (Hein Online). Also available through: LexisNexis, Academic Search Premier, and Legal Periodicals Full Text.
Congressional Research Service, Franklin Pierce Law Center. Intellectual property, cyberlaw and electronic commerce CRS Reports
Fan Zhang and Xie, Dennis. Chinese Copyright Protection Has Storied History, Strong Future.
Fitzgerald, Brian et al. Copyright law, digital content and the Internet in the Asia-Pacific. Sampsung Xiaoxiang Shi, Chinese Copyright Law, Peer Production and the Participatory Media Age: An Old Regime in a New World. Sydney: Sydney University Press, 2008.
Harvard Cyberlaw wiki, “History Workshop”. Bibliography and References.
Journal of Business Ethics 69, No. 1 (Nov. 2006) Lehman, John Alan. Intellectual Property Rights and Chinese Tradition Section: Philosophical Foundations.
Lessig, Lawrence. Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity New York: Penguin Press, 2004.
United States. Congressional-Executive Commission on China. Intellectual Property Protection as Economic Policy: Will China Ever Enforce its IP Laws? Washington, D.C.: U.S. Government Printing Office, 2005.
United States. Congressional-Executive Commission on China. Ownership with Chinese Characteristics: Private Property Rights and Land Reform in the People’s Republic of China 2003.
United States. Department of Commerce. Doing Business in China: A Country Commercial Guide for U.S. Companies. Washington, D.C.: Department of Commerce, 2006.
United States. Congressional-Executive Commission on China. Law in Political Transitions: Lessons from East Asia and the Road Ahead for China. Washington, D.C.: U.S. Government Printing Office, 2005.
United States. Congressional-Executive Commission on China. The rule of law in China: lawyers without law? Washington, D.C.: U.S. Government Printing Office, 2003.
University of Maine, Farmington. China page bibliography, Law and Society.
USA Today via Associated Press, 2005. China’s Shaolin Temple fights for name.
[edit] Cumulative Bibliography
Alford, William P. Understanding Chinese Attitudes Towards Intellectual Property (IP) Rights. CIO, September 15, 2006.
Alford, William P. To Steal a Book Is an Elegant Offense: Intellectual Property Law in Chinese Civilization. Stanford: Stanford University Press, 1995. <KNIGHT KNN 1155.A958 1995>
By title, this is the perfect book. It examines a contemporary phenomenon, infringement, and the author attempts to discern why intellectual property law, especially the copyright, never appeared in Chinese civilization. Although a good portion talks about imperial China’s lack of “a sustained indigenous counterpart to IP law” (2), the mass of the book is about the failure of forms of IP law to become widespread in practice in China. A lot has to do with Republican Era and Maoist China, so it is a bit beyond my initial interest in the field, specifically with late imperial China. It seems as though the book’s talk about axiological law will deal largely with philosophy, wherein the idea of “novelty” and copyright are discussed in context of Classical Confucianism. This book should nonetheless prove helpful, if not one hundred percent essential, to any inquiry into Chinese law.
Allee, Mark A. Law and Local Society in Late Imperial China: Northern Taiwan in the Nineteenth Century. Stanford: Stanford University Press, 1994. <KNIGHT KNP 490.T383.A46 1994>
Sociological aspects of law are valuable contributions to examining what makes a “legacy”, and certainly including Taiwan into a study of late imperial China is a good thing. This book tends to cover family law above all other forms, but in doing so covers the territory of civil law in China that is so crucial, for a principle notion separating Chinese law from Western law is that there was not explicit division between civil and criminal law. A good deal of the book covers criminal proceedings, including court procedure. It covers the so-called Dan-Xin archives, a rarely utilized bulk of law cases that deal with mostly commercial matters. All of this is tempered by setting: Taiwan during the 19th century was a military settlement, and this affected administrative law in a profound way. Although frontier politics is not a major part of this research topic, my specialty falls within the area, so this book would be an interesting addition, and would contribute some great case studies to law enforcement and crafting.
Beijing, China. Embassy of the U.S. IPR toolkit: intellectual property rights in China Washington, D.C.: U.S. State Dept., 2005.
Bernhardt, Kathryn and Philip C.C. Huang eds. Civil Law in Qing and Republican China. Stanford: Stanford University Press, 1994. <KNIGHT KNN 1572.C58 1994>
This book is an anthology of writings concerned with civil and administrative law in late imperial China. Not only does it include the requisite chapters introducing law in China to the novice, but then it examines law in particularly notable instances. This is largely an interdisciplinary task, as many deal with social dimensions of the practice of law (who and what defines professional law practice) as well as analysis of textual sources on Chinese law. Because the breadth of this book and the credibility of the authors as astute historians (Zelin) as well as trained lawyers (Huang), this is quite an extraordinary piece for my thesis’s topic. And as demonstrated, civil law in China is incredibly important for my academic mission as well as many others; it exists as the critical theoretical link between yesterday and today, in terms of Chinese forms of law.
Bodde, Derk and Morris, Clarence. Law in Imperial China: Exemplified by 190 Ch’ing Dynasty Cases, With Historical, Social, and Juridical Commentaries. Cambridge: Harvard University Press, 1967. <LAW KNN 64.L38 1967>
Case studies are very important for the study of law, as they inform us how to act in an analogical way. This book is one of the first translated case study volumes, the Xing’an Huilan. Bound sets of prescriptions are held within a case study, and in effect this text will illustrate how the Great Qing Code operates. This book not only attempts to establish the basis of law in China in its first part, but through the translated case studies, it shows practical interpretation of Qing dynastic law. As a result, Bodde and Morris’s text is utterly essential, even if it has a focus on criminal law.
Cao, Deborah. Chinese Law: A Language Perspective. Burlington: Ashgate Publishing, 2004. <LAW KNQ 92.C36 2004>
Despite the lofty title, this book may have limited use for the topic of historical law. Cao’s mission is not to address law universally as it is to deal with law in the here-and-now China. She appeals to historical forms of law only through Hundred Schools texts, largely through Kongzi, Han Feizi, Xunzi, and Lord Shang. From here, her approach deals with the modern form of Mandarin Chinese. However, I do enjoy the fact that she employs a broad understanding to law, even as she focuses on language. She employs linguistic (e.g. Gadamer) and critical (e.g. Habermas) sources to analyzing how law communicates universally, and then applies her knowledge to make case examples with the Chinese language, specifically focusing on cases of particular consonance. Great in theory, but of limited use to the mission of my historical study — perhaps Cao’s text will come in handy in understanding what makes the history of law a specific legacy, with application in today’s China.
China intellectual property law guide. Frederick: Aspen Publishers, 2005. <KNQ1155 .C45 2005>
Available copies: 1. A copy of this book is available at the University of Washington Law Library.
China law reports. Singapore: Butterworths Asia, in co-operation with China Law and Cultural Publications, 1995-. <KNQ19.A35 C44>
Available sets: 1. This is an annual journal, and University of Washington Law is the only school with a subscription to it. They hold their copies in the reference area.
Cohen, Jerome Alan, Edwards, R. Randle, and Fu-mei Chang Chen. Essays on China’s Legal Tradition. Princeton: Princeton University Press, 1980. <LAW KNN 122.E86 1980>
This is an anthology of texts from a variety of historians, including Derk Bodde. Of particular merit is Brockman’s essay on commercial contract law in 19th century Taiwan and Fu-Mei Chang Chen’s essay on Shen Zhiqi’s commentary on Qing judicial decisions. Brockman discusses how customary law is the basis of contract law in Taiwan, an interesting notion for a pragmatic approach to civil law in historical China. The bulk of his work covers buy-seller exchange and negotiation, parts of law which do not really constitute the abstract principles of law as we know them. Fu-mei Chang’s work covers the Xing’an Huilan law case book that Derk Bodde so decisively translated and interpreted. She focuses specifically on a bureaucrat named Shen Zhiqi, whose private commentary on the Qing Code exercised a gigantic influence among legal scholars in the court of Qianlong forward. As a result, Fu-mei’s article is profoundly important to the study of Qing dynastic law, and repudiates this as an appropriate source.
Columbia Journal of Asian Law (Hein Online). Also available through: LexisNexis, Academic Search Premier, and Legal Periodicals Full Text.
Congressional Research Service, Franklin Pierce Law Center. Intellectual property, cyberlaw and electronic commerce CRS Reports
Neil J. Diamant, Stanley B. Lubman, and Kevin J. O’Brien eds. Engaging the law in China : state, society, and possibilities for justice. Stanford: Stanford University Press, 2005. <KNQ1155 .G355 2005>
Available copies: 7. This is a widely available book in the Northwest. Five of these copies come from Washington, including Seattle University and Washington. However, two are available in institutions in Oregon: George Fox and Willamette Universities.
Fan Zhang and Xie, Dennis. Chinese Copyright Protection Has Storied History, Strong Future.
Feng, Peter. Intellectual Property in China. Hong Kong: Sweet & Maxwell Asia, 1997. <LAW KNQ 1155.F46 1997>
Focused on issues and aspects of intellectual property law in contemporary China, this is probably the most technically sound book on IP law in China. It includes Chinese terms for technical terms (for instance, zhuoqingquan, “at the court’s discretion”, a term applied for the judicial discretion entailed in calculating economic losses in IPR cases). The book is systematically organized and includes citations that are intensely interesting and detailed. Perhaps the technical detail precludes reading by any scholar not familiar with law as a profession, but this would be a tragedy given the sheer amount of useful information held in this tome.
Feng Xu. The law of China: dancing with the dragon in the 21st century.West Hartford: Graduate Group, 2005. <KNQ68 .X8 2005>
Available copies: 2. Available at Lewis and Clarke and Willamette’s law libraries.
Fitzgerald, Brian et al. Copyright law, digital content and the Internet in the Asia-Pacific. Sampsung Xiaoxiang Shi, Chinese Copyright Law, Peer Production and the Participatory Media Age: An Old Regime in a New World. Sydney: Sydney University Press, 2008.
Furth, Charlotte, Judith T. Zeitlin, and Ping-chen Hsiung eds. Thinking with Cases: Specialist Knowledge in Chinese Cultural History. Honolulu: University of Hawai’i Press, 2007. <KNIGHT H 62.5.C5.T45 2007>
Cultural study (e.g. social anthropology) and the law come hand and hand; this has been an established fact since Weber and Durkheim “started” the discipline of sociology. Thinking with Cases is a book that shows the value of cultural analysis for the study of law. The authors attempt to merge articles regarding “cases” together between three unusual fields: law, medicine, and religion. Obviously the first is the most helpful for studying law, but the brilliance of this anthology is that it tries to link these notions together to portray the utility and meaning behind the use of examples. It is in a sense foundational for the study of law because it examines the axiological divide between East and West in terms of method of analysis. The section on law itself is broken into three articles: one pertaining to late Ming casebooks (even including an examination of court case fiction, gong’an xiaoshuo) and law manuals; the next dividing hand books between prescriptive manuals, expository on law code, and opinions/sentences in terms of forensic analysis; the last regarding affidavits in Qing legal cases. All three of these are interesting pieces that are great for formulating notions concerning the historical roots of Chinese law, but it seems as though the first article is best due to its uncommon focus and how well in distills ancient law into an essence, brewing in even fiction to display how the legal process was seen in past dynasties.
Ganea, Peter and Pattloch, Thomas. Intellectual property law in China. Frederick: Aspen Publishers, 2005 <KNQ1572 .E54 2005>
Available copies: 3. The Law Library has a copy of this in their archives. Unfortunately, I was unable to get it in time. In addition, Lewis and Clarke and Washington’s Law Libraries both have this book available.
Gao Fuping. Zhongguo wu quan fa: zhi du she ji he chuang xin (Real right law of China: institution design and innovation). Beijing: Zhongguo ren min da xue chu ban she (China Public scholarly press), 2005. <KNQ640 .G366 2005>
Available copies: 1. A copy of this book is available at the University of Washington Law Library.
Harvard Cyberlaw wiki, “History Workshop”. Bibliography and References.
Head, John W. and Yanping Wang. Law Codes in Dynastic China: A Synopsis of Chinese Legal History in the Thirty Centuries from Zhou to Qing. Durham: Carolina Academic Press, 2005. <LAW KNN 122.H43 2005>
A book covering the evolution of Chinese law from Hundred Schools of Thought to the Qing Code, this book is serviceable as a road map to the history of Chinese law. It is dependent upon a great deal of sources listed in this bibliography, including Bodde and Morris, Fairbank, and Hulsewe. As a result, this can be considered a “tertiary” source, something of a guide to applying more detailed secondary sources for the purpose of linked history. This will be the perfect for writing the framework for historical background of law prior to the Qing Code.
Hegel, Robert E. and Carlitz, Katherine. Writing and Law in Late Imperial China: Crime, Conflict, and Judgment. Seattle: University of Washington Press, 2007. <LAW KNQ 48.7.W75 2007>
This is a multidisciplinary examination of law in Late Imperial China, perfectly attuned to the nature of my study. Including work by UO professor Maram Epstein, this book takes a tripartite examination of the nature of Chinese law. First, it looks at rhetoric in persuasion and how it pertains to law in dynastic China. Most of the articles in this section examine law via literature, which indeed held an influential fixture within late imperial Chinese popular novels (e.g. Judge Di). Part two examines legal discourse in the auspices of state authority. Most applicable in this section seems to be Buoye’s discussion of leniency of punishment found in the Qing Code. The final section deals with the interplay between legal procedure and literary tropes. This section is especially useful because it deals with the notion of legal case studies, which is a central part of demonstrating a workable practice for a theorized form of proto-IPR law. Thus, the last third of this book is worth examining.
Hong Xue and Zheng Chensi. Chinese intellectual property law in the 21st century. Hong Kong: Sweet & Maxwell Asia, 2002. <KNQ1155 .X94 2002>
Available copies: 2. This text is available at Washington and Willamette Law Libraries.
Hu, Robert Haibin. Guide to China Copyright Law Studies. Buffalo: William S. Hein & Co, 2000. <LAW KNQ 1160.H8 2000>
As a research guide to intellectual property rights in China, this is a fantastic source. It has a brief bibliography, including articles and dissertations, all on the subject. It also includes a full listing of websites, institutions (i.e. affiliated with the government, such as the USTR) related to copyright law and China. The focus is mainly on contemporary law, but this only slightly diminishes the utility of this great source.
Huang, Philip C.C. Civil Justice in China: Representation and Practice in China. Stanford: Stanford University Press, 1996. <LAW KNN 1572.H83 1996>
An important distinction for my project requires the imposition of a Western ideal onto Chinese law traditions. The distinction between civil and criminal law is something that does not sustain to Chinese sources of law, and Huang makes this clear by differentiating between civil law and civil justice. He makes the definition that civil law does not exist by virtue of the lack of a specific notion denoting private rights in China, and cites William Jones as representing the most extreme pole of this interpretation. On the other hand, he states that civil justice must have existed, for cases made to protect property rights and contracts almost never levied criminal punishment. This is the fundamental assertion he assumes, as he gives us a discursive explication of this form of “civil justice” in China, from lawsuits and mediation to strategies of “civil justice” related legislation. I believe this book is key for my thesis question, because people claim that intellectual property did not have associated rights in China. It might be possible to follow Huang’s example to appropriate a standard of upholding intellectual property in imperial China.
Huang, Philip C.C. Code, Custom, and Legal Practice in China: The Qing and the Republic Compared. Stanford: Stanford University Press, 2001. <LAW KNN 1572.H834 2001>
By title alone it is obvious that this book is important for my question. It means to place Huang’s established notion of “civil justice” into a period fraught with ideas brought in from the West. Huang sees it as an adaptation of a German model, but also as a revision of the Great Qing Code. This portion is the seed of my interest, to find the continuities of tenets from the Qing Code found today. He focuses heavily on civil law as well as property law (dian). He also expands upon other China legal scholars by examining the nature of custom in shaping law. All and all, this is another book in his series “LAaw, Society, and Culture in China”; each addition to this contributes greatly to the goals of my thesis.
Jiang Yonglin. The Great Ming Code / Da Ming lü. Seattle: University of Washington Press, 2005. <LAW KNN 33.A4.E55 2005>
Professor Jiang was an assistant for William Jones in writing his translation of the Great Qing Code, so it can be assumed that the scholarship of this work is superb. The Great Ming Code was a formative precedent to the Great Qing Code, and was written by the founding bureaucracy of the Ming dynasty. Because the law code is filtered through the political times, the Ming Code is worth studying in how the political turmoil of the Ming’s restoration of Han culture resounded even to the ascendancy of non-Han people. Finally, the Ming Code is worth studying because it represents the first formal code garnering commercial law, including code pertaining to salt monopolies. As a result, I believe this source is important for understanding the roots of civil law.
Jones, William C. ed. Basic Principles of Civil Law in China. Armonk: M.E. Sharpe, 1989. <LAW KNQ 500.M5413 1989>
Although a bit dated, this book deals with civil law in modern China. William C. Jones is the erudite scholar who translated the Great Qing Code, so it this book is unquestionable in its veracity and context in historical study (even if this book predates his translation of the Code). His understanding of civil law as a theory and practice is crucial for an understanding the essential bond between IPR law in contemporary and dynastic China.
<KNIGHT KNN 34.A4.E54 1994>
Jones, William C, tr. The Great Qing Code. New York: Oxford University Press, 1994.
As one of the primary sources for my writing, along with the “134 Qing Cases”, this book is unsurpassed in its importance. The Qing Code is the polestar to my thesis, and although it lacks a certain bearing to civil law beyond administration, it is still the major source of law in late imperial China. Jones rarely comments upon the text in any other form than introduction to his translation, so it is a “pure” text that can articulate cleanly with my secondary sources. His interpretation acknowledges the clear line drawing the Qing in relation to the Tang Codes, and he tends to talk of the law as a continuous tradition. These thoughts do not emerge in his translation, but they are helpful for interpreting his text, when there is a dearth of scholarship regarding the Tang Codes.
Journal of Business Ethics 69, No. 1 (Nov. 2006) Lehman, John Alan. Intellectual Property Rights and Chinese Tradition Section: Philosophical Foundations.
Lee, Tahirih V, ed. Basic concepts of Chinese law. New York: Garland Publishing, 1997. <KNIGHT KNN 122.B37 1997>
Lee, Tahirih V, ed. Law, the State, and Society in China. New York: Garland Publishing, 1997. <KNIGHT KNN 122.L39 1997>
Lee, Tahirih V, ed. Contract, guanxi, and dispute resolution in China. New York: Garland Publishing, 1997. <KNIGHT KNQ 1829.C66 1997>
Lee, Tahirih V, ed. Foreigners in Chinese law. New York: Garland Publishing, 1997. <KNIGHT KNQ3202.F67 1997>
I couple these books together because they form a four part series. The third part is entitled “Contract, Guanxi, and Dispute Resolution in China” and the fourth “Foreigners in Chinese Law”. Each has a particular focus, as their topic indicates, but most of them deal with law in contemporary China. For instance, the second book only devotes three chapters to Republican Era or Qing China. Meanwhile, the first book too deals only loosely in regard to Chinese history, most dealing with the past thirty years in Chinese law. These articles are of unmistakable quality, including work by Jerome Cohen (head Chinese law professor at Harvard) and William Alford (head Chinese law professor at Stanford). My task with law is not so much wholly focused on the historical qualities of law, but reconciling this legacy with current practices. To this end, Tahirih Lee’s series seems quite helpful. It is all very discursive in focus, and the most interesting article is one written by Hom and Malloy which deals with the two professor’s experience teaching law and economics to Chinese lawyers in 1993. It takes the format of a series of letters, and each author has a varying understanding of Chinese so it makes for a cultural experience inasmuch one on law. Suffice it to say, the entire volume would make for an interesting contribution to a thesis regarding Chinese law, no matter the subject.
Lessig, Lawrence. Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity New York: Penguin Press, 2004.
Macauley, Melissa. Social Power and Legal Culture: Litigation Masters in Late Imperial China. Stanford: Stanford University Press, 1998. <KNIGHT KNQ 1572.M33 1998>
As the term master implies, this book covers the vocation of the barrister in late imperial China in a sociological manner. It focuses upon popular perceptions of lawyers and other elites involved in law. Because the lawyer-elite is a social entity according to Macauley, she seeks to find the context of these elites, what made them powerful, and what effect they had upon the law. These litigation masters are not simply villians or frauds, she finds; they were power brokers with an agenda that was not completely selfish. Their mastery of the law was also not universal, for some were merely literate individuals willing to help those in need of legal aid. Giving a face to these individuals might prove helpful for identifying the legacy of law in China, and through them it is possible to see a dimension of their larger institutional context. Sociological studies such as this prove that an interdisciplinary approach exposes a lot of elements completely lost by a wholly textual focus.
MacCormack, Geoffrey. Traditional Chinese Penal Law. Edinburgh: Edinburgh University Press, 1990. <KNIGHT KNN 3800.M33 1990>
The majority of this book focuses upon early imperial China, with only a small portion on Ming and Qing law in terms of history. However, a good portion does deal with the evolution of the tradition of law based on the Tang code, which is my primary interest for study. His main source tends to be the Da Qing luli huiji bianlan, which I want to spend a great deal of time studying. He talks about law textually, but also discusses how it was enforced from dynasty to dynasty. In talks about punishment, both in terms of capital punishment and compensatory damages, it goes a long distance to explain social roles within these, especially for the bureaucrat. Finally, he explains contract and family law in tandem. All of these chapters appeal to the highest textual sources — the Qing and Tang codes — but are sensible for each dynasty. This is quite an extraordinary book for this subject.
McKnight, Brian E and Liu, James T.C. trans. The Enlightened Judgements: Ch’ing-ming Chi. Albany: State University of New York Press, 1999 <LAW KNN 63.4.M56213 1999>
During the late years of the Southern Song dynasty, Chan Yanfu from Fujian province wrote an expansive collection of law cases. Intended to be the interest of local magistrates, this book is a translation and interpretation of Chan’s work. McKnight divides the book into chapters based upon what type of law the cases appeal towards, with the vast majority dealing with either family or public law. However, a great deal of cases concern property disputes. If there is a manner of contrasting intellectual property and (landed) property law, then this book is an appealing addition to the study of the history of Chinese law.
Riley, Mary L ed. Protecting intellectual property rights in China. Hong Kong: Sweet & Maxwell Asia, 1997. <KNQ1155 .P76 1997>
Available copies: 1. University of Washington Law Library has the only copy.
Sanqiang Qu. Copyright in China. Beijing: Foreign Languages Press, 2002. <KNIGHT KNQ 1160.Q2 2002>
Copyright in China as it is remains complicated, even without including the historical breadth of the legacy of law. This book sets out to examine the state of copyright law in China, especially the intricacies of the law since its admittance to the WTO in 2001, so it focuses one chapter heavily upon international standards. For my look at the nuances of IP law in modernity, my focus will be placed on international standards via international organizations so this is particularly useful. Qu also covers copyright law’s infringement (in a variety of media), what defines a copyrightable work (i.e. what is “original”), but draws careful attention to what makes Chinese law so unique. This uniqueness leads to deep political explorations, not only of the legal reforms occurring through the Deng Xiaoping and Jiang Zemin administrations, but also looking at Western influence on law crafting. Its focal points are valuable for exploring the topic of law in China. Qu has written a great book with this, not only due to his own brilliant scholarship, but also that he has drawn his work from the top scholars in the field including Bodde, Alford, and Zheng Chensi.
Svarverud, Rune. International law as world order in Late Imperial China : translation, reception and discourse, 1847-1911 Boston: Brill, 2007. <KNN2325 .S88 2007>
Available copies: 3. University of Washington and Lewis and Clarke have copies of this book.
Karen G. Turner, James V. Feinerman, and R. Kent Guy. The limits of the rule of law in China. Seattle : University of Washington Press, 2000. <KNQ2025 .L56 2000>
Available copies: 7. This is available in the UO Law Library, however it was unable to find it on the shelves. In addition, there are six other available copies, most of which are at University of Washington.
United States. Congressional-Executive Commission on China. Intellectual Property Protection as Economic Policy: Will China Ever Enforce its IP Laws? Washington, D.C.: U.S. Government Printing Office, 2005.
United States. Congressional-Executive Commission on China. Ownership with Chinese Characteristics: Private Property Rights and Land Reform in the People’s Republic of China 2003.
United States. Department of Commerce. Doing Business in China: A Country Commercial Guide for U.S. Companies. Washington, D.C.: Department of Commerce, 2006.
United States. Congressional-Executive Commission on China. Law in Political Transitions: Lessons from East Asia and the Road Ahead for China. Washington, D.C.: U.S. Government Printing Office, 2005.
United States. Congressional-Executive Commission on China. The rule of law in China: lawyers without law? Washington, D.C.: U.S. Government Printing Office, 2003.
University of Maine, Farmington. China page bibliography, Law and Society.
USA Today via Associated Press, 2005. China’s Shaolin Temple fights for name.
张荣铮, 刘勇強, 金懋初点校. “大清律例“. 天津: 天津古籍出版社, 1993
Zhang Rongzheng, Liu Yongqiang, Jin Maochu eds. Da Qing Lu Li. Tianjin: Tianjin Classics Press (Tianjin gu ji chuban she), 1993. <CHINESE KNN 34.T3 1993>
This is the Chinese form of the Great Qing Code. There seems to be a lot more commentary in this version than the version by Jones. It resembles the Confucian Classics, with commentaries in small font accompanying the code. The nature of these seem more explicative than interpretative: contextual issues are generally taken care of in footnotes than in passage scribblings. It seems sensible that this form has a lot of advantages over the more straightforward English version. An example of this is the commentaries in the introduction to the 13th scroll, one encompassing family law (戶律). Commentaries in the first line explain archaic grammar and vocabulary, in addition to fill in a few of the interpretive blanks involving what constitutes a suspect in private law. The entire text is in simplified script, as well.
Zhongguo fa lü (China law). Hong Kong: Zhongguo fa lü za zhi she you xian gong si (China law magazine electronic journal), 1994-. <KNQ6 .C65>
Available sets: 3. This is a periodical available, in full, at University of Washington Law library’s classified stacks. In addition, Lewis and Clarke has copies dating back to 2005, and Willamette to 1995.
Zhongguo fa xue hui (Chinese legal research society) and Bi jiao fa yan jiu hui (Comparative law research group). Bi jiao fa zai Zhongguo (Comparative law in China). Beijing: Fa lü chu ban she (law publishing inc), 2001-. <K521 .B6>
Available sets: 1. This is an annual journal, and University of Washington Law is the only school with a subscription to it. They hold their copies in the classified stacks.
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