Understanding China, One Blog at a Time

An American in China

Chinese “Law”

Posted by w_thames_the_d on February 11, 2011


The author of this snippet is an expert in the field. He is considering the rule of law in China and how they can ever achieve such a thing.

Excerpt from Is China Law an Oxymoron Randal Peerneboom

“…this dichotomous understanding threatens always to condemn “Chinese law” to the status of an oxymoron, for historically Chinese legal institutions have been built on the ideological premise of rule of men (that is, men of either Confucian or socialist virtue). As a case study of the construction of Chinese law as congenitally lawless, and of the concomitant Western mandate to export law to China, I examine Thomas Stephens’s study of the International Mixed Court in early twentieth-century Shanghai.3 In theory, this court was charged with applying Chinese law to the Chinese residents of the socalled International”

==========

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

 
%d bloggers like this: