Wen, S and Zhao, J (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
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 U.S. 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.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © The Author(s) 2017. This article is an open access publication. This article is distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license, and indicate if changes were made. |
Keywords: | Legal Capital; Chinese Company Law; legal transplantation; instrumentality; China |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 21 Mar 2017 12:10 |
Last Modified: | 28 Mar 2018 20:30 |
Status: | Published |
Publisher: | Springer Verlag |
Identification Number: | 10.1007/s40804-017-0098-7 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:113907 |