scholarly journals Law and Development Minus Legal Transplants: The Example of China in Vietnam

2021 ◽  
pp. 1-30
Author(s):  
Matthew S. Erie ◽  
Do Hai Ha

Abstract Legal transplants are broadly recognized as one of the main mechanisms by which donor states influence the legal development of recipient states. The experience of China, however, challenges convention. While, in recent years, China has been one of the largest capital-exporting countries in the world and has mobilized law to protect its investment in high-risk recipient states, legal transplants have, to date, not played a major role in China’s approach to law and development. This article examines this puzzle through the case of China’s participation in formulating Vietnam’s 2018 SEZ Bill. In doing so, this article sets forth a number of hypotheses as to why Chinese law has thus far not assumed the form of legal transplant. The example of the SEZ Bill demonstrates how Chinese legal transplants depend as much on the “pull” of recipient states as they do on the “push” of the donor. The case-study of the SEZ Bill raises important questions not only for Chinese law and development, but also, more generally, for the viability of “second-order” legal transplants: those from an Asian donor to an Asian recipient.

Author(s):  
Chen Lei

AbstractWhile Chinese law occupies a sui generis position, namely, East Asian law, it is generally acknowledged that Chinese law comfortably wears the dress of civil law. The Chinese civil law tradition finds its historical roots in the late Qing Dynasty (1902–1911). Long before Alan Watson's magisterial book on the legal transplant, China experimented with importing foreign law. More to the point, the newly enacted Chinese Property Code, in effect for more than two years still has this feature. The new property code is an evolution rather than a revolution, since it is little more than an organic development of the existing law. Consequently, one would expect to find in the new legislation many traces of its past history. It is worth noting that any legal development is not a complete break with its past. Chinese law is no exception. A historical perspective exploring the origin of the traditions of civil law is both necessary and useful for it can shed light on the direction of the future development of Chinese private law.


Author(s):  
Giovanni Stanghellini

This chapter reports a case study of ‘manipulation’. It argues that the case study of manipulation confirms that the supposition that the Other lives in a world just like my own is often the cause of serious misunderstandings—the source of negative emotions and of misleading value judgements and stigmatization that interfere with one’s capacity to care for other persons and to make sense of their behaviour. In order to empathize with these persons and make sense of their behaviour we need to acknowledge the existential difference, the particular autonomy, which separates us from their way of being in the world. Any forgetting of this difference—for instance between my own world and that of a person who ‘manipulates’ the others—will be an obstacle to empathic understanding, since these people live in a life-world of which the structure is (at least in part) different from my own.


2016 ◽  
Vol 38 (3) ◽  
pp. 178-182 ◽  
Author(s):  
Hassaan Tohid

Abstract Introduction: The world renowned comedian and four-time Oscar nominated actor Robin Williams died on August 11, 2014. From the outset, the news indicated that his death was believed to be a suicide and this was later confirmed to be true by the autopsy reports. Williams had been suffering from severe depression, which is believed to be the leading contributor to his suicide. In this case study, I will highlight the event of the actor's suicide and the main risk factors along with depression leading to his tragic death. As of the end of 2015, no other case study seemed to have addressed or explored the links between the cause (or causes) and events leading to Robin Williams' suicide. Case description: Robin Williams was suffering from relationship problems, financial problems, drug addiction, and major depression. All of these factors led to his suicide. Comments: The chances of committing suicide drastically increase in the presence of any of the key risk factors. Unfortunately, the actor Robin Williams was dealing with four of the major risk factors all together, which put him at a high risk of committing suicide and eventually led to his tragic death.


2020 ◽  
Vol 43 ◽  
Author(s):  
Michael Lifshitz ◽  
T. M. Luhrmann

Abstract Culture shapes our basic sensory experience of the world. This is particularly striking in the study of religion and psychosis, where we and others have shown that cultural context determines both the structure and content of hallucination-like events. The cultural shaping of hallucinations may provide a rich case-study for linking cultural learning with emerging prediction-based models of perception.


Author(s):  
Pramukti Dian Setianingrum ◽  
Farah Irmania Tsani

Backgroud: The World Health Organization (WHO) explained that the number of Hyperemesis Gravidarum cases reached 12.5% of the total number of pregnancies in the world and the results of the Demographic Survey conducted in 2007, stated that 26% of women with live births experienced complications. The results of the observations conducted at the Midwife Supriyati Clinic found that pregnant women with hyperemesis gravidarum, with a comparison of 10 pregnant women who examined their contents there were about 4 pregnant women who complained of excessive nausea and vomiting. Objective: to determine the hyperemesis Gravidarum of pregnant mother in clinic. Methods: This study used Qualitative research methods by using a case study approach (Case Study.) Result: The description of excessive nausea of vomiting in women with Hipermemsis Gravidarum is continuous nausea and vomiting more than 10 times in one day, no appetite or vomiting when fed, the body feels weak, blood pressure decreases until the body weight decreases and interferes with daily activities days The factors that influence the occurrence of Hyperemesis Gravidarum are Hormonal, Diet, Unwanted Pregnancy, and psychology, primigravida does not affect the occurrence of Hyperemesis Gravidarum. Conclusion: Mothers who experience Hyperemesis Gravidarum feel nausea vomiting continuously more than 10 times in one day, no appetite or vomiting when fed, the body feels weak, blood pressure decreases until the weight decreases and interferes with daily activities, it is because there are several factors, namely, hormonal actors, diet, unwanted pregnancy, and psychology.


2011 ◽  
pp. 4-20
Author(s):  
M. Ershov

With signs of normalization seemingly in place in the world economy, a number of problems show the possibility of aggravation in the future. The volume of derivatives in American banks grows significantly, high risk instruments are back in place and their use becomes more active, global imbalances increase. All of the above requires thorough approaches when creating mechanisms which can neutralize external shocks for the Russian economy and make it possible to develop in the new post-crisis environment.


Author(s):  
Melanie SARANTOU ◽  
Satu MIETTINEN

This paper addresses the fields of social and service design in development contexts, practice-based and constructive design research. A framework for social design for services will be explored through the survey of existing literature, specifically by drawing on eight doctoral theses that were produced by the World Design research group. The work of World Design researcher-designers was guided by a strong ethos of social and service design for development in marginalised communities. The paper also draws on a case study in Namibia and South Africa titled ‘My Dream World’. This case study presents a good example of how the social design for services framework functions in practice during experimentation and research in the field. The social design for services framework transfers the World Design group’s research results into practical action, providing a tool for the facilitation of design and research processes for sustainable development in marginal contexts.


2015 ◽  
Vol 11 (1) ◽  
pp. 41-54 ◽  
Author(s):  
Zsófia Demjén

This paper demonstrates how a range of linguistic methods can be harnessed in pursuit of a deeper understanding of the ‘lived experience’ of psychological disorders. It argues that such methods should be applied more in medical contexts, especially in medical humanities. Key extracts from The Unabridged Journals of Sylvia Plath are examined, as a case study of the experience of depression. Combinations of qualitative and quantitative linguistic methods, and inter- and intra-textual comparisons are used to consider distinctive patterns in the use of metaphor, personal pronouns and (the semantics of) verbs, as well as other relevant aspects of language. Qualitative techniques provide in-depth insights, while quantitative corpus methods make the analyses more robust and ensure the breadth necessary to gain insights into the individual experience. Depression emerges as a highly complex and sometimes potentially contradictory experience for Plath, involving both a sense of apathy and inner turmoil. It involves a sense of a split self, trapped in a state that one cannot overcome, and intense self-focus, a turning in on oneself and a view of the world that is both more negative and more polarized than the norm. It is argued that a linguistic approach is useful beyond this specific case.


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