Overview

In 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 Details

Author:   Zhiwei Tong
Publisher:   Brill
Imprint:   Brill
Volume:   1
Weight:   0.779kg
ISBN:  

9789004381278

ISBN 10:   9004381279
Pages:   400
Publication Date:   16 August 2018
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Available To Order  
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Table of Contents

Contents 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 Index

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Author Information

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).

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