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OverviewIn Right, Power, and Faquanism, Tong Zhiwei proposes that right and power are ultimately a unified entity which can be named “faquan,” and that the purpose of law should be to establish a balanced faquan structure and to promote its preservation and proliferation. “Faquan” is thus a jurisprudential category reflecting the understanding of the unity of right and power. It has interest protected by the law and property with defined ownership as its content, and manifests itself as the external forms of jural right, freedom, liberty, jural power, public function, authority, competence, privilege, and immunity, etc. Faquanism relies mainly on six basic concepts (faquan, right, power, quan, residual quan and duty) to analyze the content of interests and property in all legal phenomena. Full Product DetailsAuthor: Zhiwei TongPublisher: Brill Imprint: Brill Volume: 1 Weight: 0.779kg ISBN: 9789004381278ISBN 10: 9004381279 Pages: 400 Publication Date: 16 August 2018 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: In stock  We have confirmation that this item is in stock with the supplier. It will be ordered in for you and dispatched immediately. Table of ContentsContents Foreword Preface Introduction I From Analytical Jurisprudence of the West to Semantic Analysis Jurisprudence of Present China II The Limitations and Shortcomings of Chinese and Foreign Semantic Analysis Jurisprudence III Elaboration of a Practical Legal Theory with Faquan as the Core Category 1 Investigation and Reflection on Fundamental Propositions of Traditional Legal Studies of China I Re-examination of the Status of Rights and Duties and Their Relationship II An Overview of Right-Centric Theory in the First Half of 20th Century in China III Renewal of Existing Chinese Semantic Analysis Jurisprudence 2 The Fundamentals of Faquanism I Legal-Philosophical Explications of Faquan II Fundamental Propositions of Faquanism III Elaboration on the Connotation of Faquan in Legal Relations 3 Faquanist Theory of the Center of Law I How Does a Faquanist View the Center of Law II The Core Contents of Faquanism III Supplementary Argumentation for Faquanism 4 Methodological Foundation of Faquanism I The Epistemologist Basis of Faquanism II Proper Positioning of Class Analysis and Faquan Analysis III The Essence of Law in Faquanism 5 Interpretative Framework of Legal Phenomena of Faquanism I Categorical System of Faquanism as a Legal Theory II Analytical Model of Faquan as a Tool for Legal Studies III Interpretative Design of Legal Phenomena of Faquanism Conclusion Selected Bibliography IndexReviewsAuthor InformationTong Zhiwei, Ph.D in Law (1994, Wuhan University), is Professor of Law at East China University of Political Science and Law. He has published many articles and books on jurisprudence and constitutional law, including Constitutional Reforms in Contemporary China (City University of Hong Kong Press, 2016) and Forms of State Structure (Peking University Press, second edition, 2015). Tab Content 6Author Website:Countries AvailableAll regions |
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