Chinese Lawmaking From Noncommunicative To Communicative

Peng He

"Dr. Peng He in her book addresses various issues, drawing on Western and Chinese sources for her argument for a 'communicative' theory of law making. This book is both timely and important in the Chinese context. Her argument depends upon the insight that what is important in societies is not just representative democracy but 'voice' - the opportunity for individuals to be heard and bring their input into official systems. More than that, she argues that this can also take further the idea of living by the rules as something that is not be seen as narrow Legalism but as something more akin to living 'righteously' - a view which is resonant with parts of Chinese legal thought. This book is also important in the present Chinese context in another way. The developing economy necessitates substantial legal reform. But applying Western models to China can often be naïve and not fully...