Contextualizing legal norms: a multi-dimensional view of the 2014 legal capital reform in China

Wen, S. and Zhao, J. ORCID: 0000-0001-6430-2356, 2018. Contextualizing legal norms: a multi-dimensional view of the 2014 legal capital reform in China. European Business Organization Law Review, 19 (1), pp. 93-140. ISSN 1566-7529

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Abstract

This paper intends to shed light on the contentious theme of the reception of legal transplantation in the host environment, by examining the 2014 legislative reform of legal capital in China, which at least on paper imitates the enabling settings of US Revised Model Business Corporation Act (RMBCA). The paper looks at the interconnections between national-specific contextual elements, the resultant complexities, and the spillover effects of transplanted configurations in the unique Chinese socio-cultural setting, implicating the discrepancy between the ‘law in practice’ and the borrowed words ‘on the books’, and suggesting the importance of gaining a holistic understanding of ‘law’ involving the legal traditions in both the donor country and the recipient nation.

Item Type: Journal article
Publication Title: European Business Organization Law Review
Creators: Wen, S. and Zhao, J.
Publisher: Springer
Date: 2018
Volume: 19
Number: 1
ISSN: 1566-7529
Identifiers:
NumberType
10.1007/s40804-017-0098-7DOI
98Publisher Item Identifier
Divisions: Schools > Nottingham Law School
Depositing User: Jonathan Gallacher
Date Added: 09 May 2018 10:59
Last Modified: 01 Jun 2018 15:27
URI: http://irep.ntu.ac.uk/id/eprint/33478

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