Law without lawyers, justice without courts: on traditional Chinese mediation

Abstract

The Chinese have, since ancient times, professed a non-litigious outlook. Similarly, their preference for mediation has fascinated the West for centuries. Mediation has been popularized by the Chinese who subscribe to the Confucian notions of harmony and compromise. It has been perpetuated in the People\u27s Republic of China and by the overseas Chinese communities elsewhere, such as in Malaysia and Taiwan. Seen as the chief contributing factor in their litigation-averse nature, as well as the reason behind the significant role given to traditional mediation, this compelling book traces the cultural tradition of the Chinese. It uses rural Chinese Malaysians as illustrative examples and offers new insights into the nature of mediation East and West. Contents: 1. On Mediation: Sino-Western Insights -- 2. Chinese Legal Thinking -- 3. Social Sanctions as a Force of Law -- 4. Justice Without Courts -- 5. Society, Law and Justice Among Rural Chinese Malaysians -- 6. Conclusion