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Right, Power, and Faquanism
A Practical Legal Theory from Contemporary China
Series: - Law and Society in China, Volume: 1
Author:
In Right, Power, and Faquanism, Tong Zhiwei proposes that right and power are ultimately a unified entity which can be named âfaquan,â and that the purpose of law should be to establish a balanced faquan structure and to promote its preservation and proliferation. âFaquanâ 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.
Tong 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).
Contents
Foreword
Preface
Introduction
âIâFrom Analytical Jurisprudence of the West to Semantic Analysis Jurisprudence of Present China
âIIâThe Limitations and Shortcomings of Chinese and Foreign Semantic Analysis Jurisprudence
âIIIâElaboration of a Practical Legal Theory with Faquan as the Core Category
1 Investigation and Reflection on Fundamental Propositions of Traditional Legal Studies of China
âIâRe-examination of the Status of Rights and Duties and Their Relationship
âIIâAn Overview of Right-Centric Theory in the First Half of 20th Century in China
âIIIâRenewal of Existing Chinese Semantic Analysis Jurisprudence
2 The Fundamentals of Faquanism
âIâLegal-Philosophical Explications of Faquan
âIIâFundamental Propositions of Faquanism
âIIIâElaboration on the Connotation of Faquan in Legal Relations
3 Faquanist Theory of the Center of Law
âIâHow Does a Faquanist View the Center of Law
âIIâThe Core Contents of Faquanism
âIIIâSupplementary Argumentation for Faquanism
4 Methodological Foundation of Faquanism
âIâThe Epistemologist Basis of Faquanism
âIIâProper Positioning of Class Analysis and Faquan Analysis
âIIIâThe Essence of Law in Faquanism
5 Interpretative Framework of Legal Phenomena of Faquanism
âIâCategorical System of Faquanism as a Legal Theory
âIIâAnalytical Model of Faquan as a Tool for Legal Studies
âIIIâInterpretative Design of Legal Phenomena of Faquanism
Conclusion
Selected Bibliography
Index
Foreword
Preface
Introduction
âIâFrom Analytical Jurisprudence of the West to Semantic Analysis Jurisprudence of Present China
âIIâThe Limitations and Shortcomings of Chinese and Foreign Semantic Analysis Jurisprudence
âIIIâElaboration of a Practical Legal Theory with Faquan as the Core Category
1 Investigation and Reflection on Fundamental Propositions of Traditional Legal Studies of China
âIâRe-examination of the Status of Rights and Duties and Their Relationship
âIIâAn Overview of Right-Centric Theory in the First Half of 20th Century in China
âIIIâRenewal of Existing Chinese Semantic Analysis Jurisprudence
2 The Fundamentals of Faquanism
âIâLegal-Philosophical Explications of Faquan
âIIâFundamental Propositions of Faquanism
âIIIâElaboration on the Connotation of Faquan in Legal Relations
3 Faquanist Theory of the Center of Law
âIâHow Does a Faquanist View the Center of Law
âIIâThe Core Contents of Faquanism
âIIIâSupplementary Argumentation for Faquanism
4 Methodological Foundation of Faquanism
âIâThe Epistemologist Basis of Faquanism
âIIâProper Positioning of Class Analysis and Faquan Analysis
âIIIâThe Essence of Law in Faquanism
5 Interpretative Framework of Legal Phenomena of Faquanism
âIâCategorical System of Faquanism as a Legal Theory
âIIâAnalytical Model of Faquan as a Tool for Legal Studies
âIIIâInterpretative Design of Legal Phenomena of Faquanism
Conclusion
Selected Bibliography
Index
All interested in legal philosophy, jurisprudence, Chinese legal theory, Chinese law and Asian society in general.