RIGHT, POWER AND FAQUANISM A PRACTICAL LEGAL THEORY FROM CONTEMPORARY CHINA
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- Author: TONG ZHIWEI
- ISBN: 9789004381278
- Availability: In Stock
Buy RIGHT, POWER AND FAQUANISM A PRACTICAL LEGAL THEORY FROM CONTEMPORARY CHINA | Law Books , FOREIGN BOOKS
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.