China, Democracy, and Law

Mireille Delmas-Marty, has held the Chair of “Comparative legal studies and Internationalisation of Law” at the Collège de France since 2002. She has published extensively on Criminal Law, Human Rights Law, Comparative Law, Global Law and Theory of Law.
Pierre-Étienne Will, has held the chair of History of Modern China at the Collège de France since 1992. He has published extensively on the social, political and economic history of late imperial and early Republican China.

Preface, by Philip A. Kuhn
Introduction: History Has no End (Pierre-Étienne Will)
List of Contributors

Part One: Tradition and Rebuilding
Chapter 1: Despotism, “Democratic China” and Nineteenth-Century European Authors (Pierre-Étienne Will)
Chapter 2: Seeds of Democracy in the Confucian Tradition? (Anne Cheng)

Part Two: Imperial Institutions
Chapter 3: Checking Abuses of Power under the Ming Dynasty (Pierre-Étienne Will)
Chapter 4: The Principle of Legality and Legal Rules in the Chinese Legal Tradition (Jérôme Bourgon)

Part Three: Transitions (1): the Late Empire and the Republic
Chapter 5: The Emergence of a Community of Jurists in the Late Imperial and Early Republican Periods (1740-1930) (Jérôme Bourgon)
Chapter 6: The Appropriation of the Concept of “Liberty” at the End of the Qing Dynasty: Beginning with the Interpretation of Kant by Liang Qichao (Joël Thoraval)
Chapter 7: The First Democratic Experiment in China (1908-1914): Chinese Tradition and Local Elite Practices (Xiaohong Xiao-Planes)
Chapter 8: Constitutions and Constitutionalism: Trying to Build a New Political Order (1908-1949) (Xiaohong Xiao-Planes)
Chapter 9: The Chinese Contribution to the Universal Declaration of Human Rights (Pierre-Étienne Will)

Part Four: Twentieth-Century Uses of the Democratic Idea
Chapter 10: Antitradition and Democracy in Early Twentieth-Century China: Modern Culture and the Crisis of the Nation-State (Yves Chevrier)
Chapter 11: Elusive Democracy (1915-1937) (Yves Chevrier)
Chapter 12: Servant, Bogeyman or Goddess: Democracy in the Discourses of Power and Dissidence in China (Michel Bonnin)

Part Five: Transitions (2): the Late 20th and Early 21st Centuries
Chapter 13: Instituting the Rule of Law in China in the Context of Globalization (Mireille Delmas-Marty)
Chapter 14: Law and Society in Contemporary China (Stéphanie Balme)
Chapter 15: China’s Accession to the WTO and Legal Reform: Towards the Rule of Law via Internationalization Without Democracy? (Leïla Choukroune)
Chapter 16: The Renaissance of the Legal Profession in China (Jean-Pierre Cabestan, Li Qinglan, Sun Ping, Yves Dolais)
Chapter 17: Democracy Under One-Party Rule? On Village and Canton Elections in China (Gunter Schubert)
Chapter 18: The Democratic Experience and Election Culture on Taiwan (Fiorella Allio)
Conclusion: The Chinese Laboratory (Mireille Delmas-Marty)

Glossary-Index