Law

Right, Power, and Faquanism: A Practical Legal Theory from Contemporary China

By Zhiwei Tong
Brill Academic Publishers October 2018

Specifications

ISBN-13
9789004381278
Publisher
Brill Academic Publishers
Publication
October 2018
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

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.

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