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On The Asian and European Origins of Legal and Political Systems

Views from Korea, Kazakhstan and France

by Tai-uk Chung (Volume editor) Zhuldyz Sairambaeva (Volume editor) Pierre Chabal (Volume editor)
Edited Collection 302 Pages

Summary

This book analyses the legal and political systems of three different regions of the Asian/Eurasian continent. More precisely it compares the origins of such systems as both the ancient foundations inherited from the past and the founding principles of modern systems today. It suggests that the European constructions, the East-Asian dynamics and the Centralasian transitions, often studied separately or at best in a comparison of only two of them, ought to be approached as three variations on a theme. The value for the readers and the challenge for the authors is to situate these origins within both legal norms and traditions, whether Latin or Asian, as well as within modern Anglo-Saxon common-law dimensions and remnants of the Soviet system.
After Le régionalisme et ses limites (Peter Lang, 2016) and Mutations de société et réponses du droit (Peter Lang, 2017), this book furthers international, comparative research presented at conferences in Kazakhstan in 2014, France in 2016 and Korea in 2017. It covers i) law and politics in modern State-building, ii) formation and development of civil and economic law, iii) constitutionalism in Asia and in Europe, iv) international law and international relations.

Table Of Content

  • Cover
  • Title
  • Copyright
  • About the editors
  • About the book
  • This eBook can be cited
  • Table of Contents
  • Acknowledgements (Tai-Uk Chung / Zhuldyz Sairambaeva / Pierre Chabal)
  • Foreword (In-Jae Kim)
  • Preface (Jong-Yop Lee)
  • Introduction. Blending in Research Focuses (Young-Tae Jung / Hyun-Jin Kim)
  • Part I. Law and politics in modern State-building
  • Origins and Modernity of the Political and Legal System of Kazakhstan (Sagyngaliy Aidarbayev)
  • The Power of Science: the “Effect” of European Laws on Asia (Catherine Puigelier)
  • The Influence of European and Asian Values on the Features of Kazakhstan’s Legal System (Omirzhanov Yesbol)
  • The Religious Origin of the Political and Legal Systems in the World (Philippe Gast)
  • The Lessons for Regionalism of the Genesis of the European Service d’Intérêt Général (GIS) (Fabien Bottini)
  • Part II. International law and International relations
  • The Making of International Law in South Korea. From Colony to Asian Power (Seok-woo Lee / Hee-eun Lee)
  • The evolving conceptual foundations of Kazakhstan’s multi-vectoral foreign policy (Kuralay Baisakova / Fatima Kukeyeva)
  • Sources of the Refugee Status in the Legal System of Kazakhstan (Zhuldyz Sairambaeva / Manat Dzhamaldinova)
  • À propos Some Origins of Neo-systems of Cooperation in Europe and Asia (Pierre Chabal)
  • International and National Frameworks for the Legal Status of the Ombudsman in Kazakhstan (Zulfiya Baimagambetova / Alexandra Berkuta)
  • Part III. Constitutionalism in Asia and in Europe
  • The Origins of the Rule of Law in Korea (Tai-Uk Chung)
  • Stages of Kazakhstan’s Constitutional System from the Beginning of the 20th Century (Askat Darkenbayev)
  • The Politics of Constitution-making. The Case of South Korea in 1948 (Young-tae Jung)
  • The Principles Underlying the Construction of the European Union Are Being Flouted (Michel Bruno)
  • Legislation of Kazakhstan on State Management in the Health Sector. Problems and Prospects (Gulmira Mashimbayeva / Leila Delovarova)
  • Part IV. Formation and Development of Civil and Economic Law
  • Legal Codification, Especially in the French Case (Didier Guével)
  • History and Evolutions of Korean Patent Law (Soo-mee Lee)
  • The Roman Origins of the European Legal Property Right Systems (Amandine Cayol)
  • A Study of Crowdfunding in Korea. Status Quo and Directions for Improvement (Hye-Hwal Seong)
  • Codification of the Korean Civil Code and Reception of Western Law (Hyun-Jin Kim)
  • Conclusion. How/Whence to Compare? Systems of Thought Towards Future Research (Remus Titiriga)
  • Postface. Looking to the Next Franco-Kazakh-Korean-Sino-Russian Conference (Sagyngaliy Aidarbayev)
  • List of Contributors
  • Series index

Tai-Uk Chung,
Zhuldyz Sairambaeva,
Pierre Chabal (eds.)

On the Asian and
European Origins
of Legal and
Political Systems

views from Korea,
Kazakhstan and France

About the editors

Tai-Uk Chung (law, Korea), formerly vice-dean, teaches History of philosophy, Legal fundaments, Social and political philosophy at the graduate School of law, InHa University, Inch’eon, South Korea.

Zhuldyz Sairambaeva (law, Kazakhstan) is professor and director of the Department of International Law of al-Farabi Kazakh National University in Almaty, Kazakhstan.

Pierre Chabal (political science, France) founded and leads cooperation with Central Asia, where he is invited professor at the national universities of Mongolia (NUM), Kazakhstan (KazNU) and Uzbekistan (UMED).

About the book

This book analyses the legal and political systems of three different regions of the Asian/Eurasian continent. More precisely it compares the origins of such systems as both the ancient foundations inherited from the past and the founding principles of modern systems today. It suggests that the European constructions, the East-Asian dynamics and the Central-Asian transitions, often studied separately or at best in a comparison of only two of them, ought to be approached as three variations on a theme. The value for the readers and the challenge for the authors is to situate these origins within both legal norms and traditions, whether Latin or Asian, as well as within modern Anglo-Saxon common-law dimensions and remnants of the Soviet system.

After Le régionalisme et ses limites (Peter Lang, 2016) and Mutations de société et réponses du droit (Peter Lang, 2017), this book furthers international comparative research presented at conferences in Kazakhstan in 2014, France in 2016 and Korea in 2017. It covers i) law and politics in modern State-building, ii) formation and development of civil and economic law, iii) constitutionalism in Asia and in Europe, iv) international law and international relations.

This eBook can be cited

This edition of the eBook can be cited. To enable this we have marked the start and end of a page. In cases where a word straddles a page break, the marker is placed inside the word at exactly the same position as in the physical book. This means that occasionally a word might be bifurcated by this marker.

Table of Contents

Acknowledgements

Tai-Uk Chung, Zhuldyz Sairambaeva, Pierre Chabal

Foreword

In-Jae Kim

Preface

Jong-Yop Lee

Introduction. Blending in Research Focuses

Young-Tae Jung and Hyun-Jin Kim

Part I
Law and Politics in Modern State-building

Origins and Modernity of the Political and Legal System of Kazakhstan

Sagyngaliy Aidarbayev

The Power of Science: the “Effect” of European Laws on Asia

Catherine Puigelier

The Influence of European and Asian Values on the Features of Kazakhstan’s Legal System

Omirzhanov Yesbol

The Religious Origin of the Political and Legal Systems in the World

Philippe Gast

The Lessons for Regionalism of the Genesis of the European Service d’Intérêt Général (GIS)

Fabien Bottini←7 | 8→

Part II
International Law and International Relations

The Making of International Law in South Korea. From Colony to Asian Power

Seok-woo Lee and Hee-eun Lee

The evolving conceptual foundations of Kazakhstan’s multi-vectoral foreign policy

Kuralay Baisakova and Fatima Kukeyeva

Sources of the Refugee Status in the Legal System of Kazakhstan

Zhuldyz Sairambaeva and Manat Dzhamaldinova

À propos Some Origins of Neo-systems of Cooperation in Europe and Asia

Pierre Chabal

International and National Frameworks for the Legal Status of the Ombudsman in Kazakhstan

Zulfiya Baimagambetova and Alexandra Berkuta

Part III
Constitutionalism in Asia and in Europe

The Origins of the Rule of Law in Korea

Tai-Uk Chung

Stages of Kazakhstan’s Constitutional System from the Beginning of the 20th Century

Askat Darkenbayev

The Politics of Constitution-making. The Case of South Korea in 1948

Young-tae Jung

The Principles Underlying the Construction of the European Union Are Being Flouted

Michel Bruno

Legislation of Kazakhstan on State Management in the Health Sector. Problems and Prospects

Gulmira Mashimbayeva and Leila Delovarova←8 | 9→

Part IV
Formation and Development
of Civil and Economic Law

Legal Codification, Especially in the French Case

Didier Guével

History and Evolutions of Korean Patent Law

Soo-mee Lee

The Roman Origins of the European Legal Property Right Systems

Details

Pages
302
ISBN (PDF)
9782807607330
ISBN (ePUB)
9782807607347
ISBN (MOBI)
9782807607354
ISBN (Softcover)
9782807607323
Language
English
Publication date
2018 (April)
Published
Bruxelles, Bern, Berlin, New York, Oxford, Wien, 2018. 300 p., 6 tabl., 2 ill. en couleurs.

Biographical notes

Tai-uk Chung (Volume editor) Zhuldyz Sairambaeva (Volume editor) Pierre Chabal (Volume editor)

Tai-Uk CHUNG (law, Korea), formerly vice-dean, teaches History of philosophy, Legal fundaments, Social and political philosophy at the graduate School of law, InHa University, Inch'eon, South Korea. Zhuldyz SAIRAMBAEVA (law, Kazakhstan) is professor and director of the Department of International Law of al-Farabi Kazakh National University in Almaty, Kazakhstan. Pierre CHABAL (political science, France) founded and leads cooperation with Central Asia, where he is invited professor at the national universities of Mongolia (NUM), Kazakhstan (KazNU) and Uzbekistan (UMED.

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Title: On The Asian and European Origins of Legal and Political Systems