Socialist Law in Socialist East Asia

Description

Since China's reform and opening up started in 1978 and Vietnam's Doi Moi reforms were initiated in 1986, these two East Asian economies have adopted capitalistic models of development while retaining and reforming their socialist legal systems along the way. Tracking the trajectory of socialist laws and their legacy, this book offers a unique comparison of laws and institutional designs in China and Vietnam. Leading scholars from China, Vietnam, Australia and the United States analyze the history, development and impact of socialist law reforms in these two continuing socialist states. Readers are offered a varied insight into the complex quality and unique features of socialist law and why it should be taken seriously. This is a fresh theoretical approach to, and internal critique of, socialist laws which demonstrates how socialist law in China and Vietnam may shape the future of global legal development among developing countries.

Hualing Fu is a Professor of Law and Associate Dean at The University of Hong Kong. John Gillespie is a Professor of Law in the Monash Business School at Monash University, Victoria. Pip Nicholson is Professor of Law and Dean at Melbourne Law School, University of Melbourne. William Edmund Partlett is an Associate Professor at Melbourne Law School, University of Melbourne.

'Socialism is dead - long live socialist law! This important volume examines the genealogy, influence and continued relevance of socialist law in contemporary East Asia. Relying on a mix of conceptual, historical and analytic contributions, the authors collectively shed light on this understudied tradition, and in doing so advance our understanding of several important countries.' Tom Ginsburg, Leo Spitz Professor of International Law, Ludwig and Hilde Wolf Research Scholar, University of Chicago Law School 'This rich volume demonstrates that socialist law remains a critical concept despite decades of liberal reforms. The fascinating chapters in this book not only shed light on the myriad ways in which socialist legal traditions have adapted to the modern world, but also highlight underappreciated institutions and practices. There is much here that will drive agendas in future comparative work.' David E. Landau, Mason Ladd Professor and Associate Dean for International Programs, Florida State University College of Law 'Socialist legality, which originated from the Russian Revolution one century ago, is still very much alive and well today in Asia. In this book, leading scholars of Chinese, Vietnamese and Soviet laws provide up-do-date accounts of contemporary socialist law and society. They demonstrate that despite far-reaching reforms in recent decades, the contemporary legal systems and practices of China and Vietnam can only be fully understood in light of the socialist/communist political-legal tradition.' Albert H. Y. Chen, Cheng Chan Lan Yue Professor in Constitutional Law, University of Hong Kong 'This volume stands out for the deep experience, expertise, and confidence with which each of the individual chapters is crafted, ... this volume combines both depth and breadth with lucid accessibility makes it even more worthy of adding to any library collection.' Alice de Jonge, Australian Journal of Asian Law