Private Law Theory

Introduction:
When one examines a legal system or a particular area of law in a particular jurisdiction, it is difficult to truly appreciate the reality by only looking at the official laws. When dealing with a country as old and sophisticated as China, one can easily miss the whole picture by focusing only on the written statutes. Admittedly, a series of legal transplants have resulted in the enactments of major legislations and the establishment of legal institutions that are modeled on western systems. A westernized civil law system has been established in China after a century of legal modernization. However, in a country that has been run by its own set of social norms that were guided by feudal law and Confucianism for thousands of years, the legitimacy of the foreign laws imposed by political elites cannot be earned overnight … (more)

Jiang, Hao, ‘Chinese Tort Law between Tradition and Transplants’ (Aug 19, 2015). Comparative Tort Law: Global Perspectives (M Bussani, A Sebok ed, Edward Elgar Publishing, 2015).

First posted 2015-12-22 07:55:15