In Formalism and Pragmatism in American Law Thomas Grey gives a full account of each of these modes of legal thought, with particular attention to the versions of them promulgated by their influential exponents Christopher Columbus Langdell and Oliver Wendell Holmes, Jr. Grey argues that legal pragmatism as understood by Holmes is the best jurisprudential framework for a modern legal system. He enriches his theoretical account with treatments of central issues in three important areas of law in the United States: constitutional interpretation, property, and torts.

The History and Theory of Legal Practice in China: Toward a Historical-Social Jurisprudence goes beyond the either/or dichotomy of Chinese vs. Western law, tradition vs. modernity, and the substantive-practical vs. the formal. It does so by proceeding not from abstract legal texts but from the realities of legal practice. Whatever the declared intent of a law, it must in actual application adapt to social realities. It is the two dimensions of representation and practice, and law and society, that together make up the entirety of a legal system. The assembled articles by the editors...

In A Question of Intent: Homicide Law and Criminal Justice in Qing and Republican China, Jennifer M. Neighbors uses legal cases from the local, provincial and central levels to explore both the complexity with which Qing law addressed abstract concepts and the process of adoption, adaptation, and resistance as late imperial law gave way to criminal law of the Republican period. This study reveals a Chinese justice system, both before and after 1911, that defies assignment to binary categories of modern and pre-modern law that have influenced much of past scholarship.

In Justice in Print: Discovering Prefectural Judges and Their Judicial Consistency in Late-Ming Casebooks, Ka-chai Tam argues that the prefectural judge in the judiciary of the Ming dynasty (1368–1644) became crucial to upholding justice in Chinese society. In light of two late Ming casebooks, namely the Mengshui zhai cundu (盟水齋存牘) by Yan Junyan and the Zheyu xinyu (折獄新語) by Li Qing, Ka-chai Tam demonstrates that the late Ming judges handled their cases with a high level of consistency in judicial reasoning and practice in every type of case, despite their differing...

Based on an in-depth investigation of different regions of China's vast countryside, Improving Village Governance in Contemporary China vividly describes rural governance mechanisms against the background of China's rapid urbanization. China’s rural areas vary greatly from region to region with respect to the pace and mode of change. Rural governance in China is decided by how the state transfers resources to villages, and by the linkage between the transfer style and the specific situation of each village. Only when grassroots governance is based on rural democracy (with peasants as the...