Contextualizing legal norms: a multi-dimensional view of the 2014 legal capital reform in China

This paper intends to shed light on the contentious theme of the reception of legal transplantation in the host environment, by examining the 2014 legislative reform of legal capital in China, which at least on paper imitates the enabling settings of US Revised Model Business Corporation Act (RMBCA). The paper looks at the interconnections between national-specific contextual elements, the resultant complexities, and the spillover effects of transplanted configurations in the unique Chinese socio-cultural setting, implicating the discrepancy between the ‘law in practice’ and the borrowed words ‘on the books’, and suggesting the importance of gaining a holistic understanding of ‘law’ involving the legal traditions in both the donor country and the recipient nation

The Nature of Nature as a Stakeholder

Natural environment, Nature, Stakeholder,

Against the rule of man: the Confucian and Western traditions of good administration

This article investigates the Confucian and Western traditions specifically with regard to the relation between morality, law and good administration. It is argued that the common opposition between the rule of man and the rule of law as reflecting the basic difference between the two traditions is inadequate. Confucianism can be better characterized positively as the rule of morality. It should also be noticed that ‘the rule of law’ is increasingly being introduced into the Chinese administration. Similarly, even though the Western tradition can be summarized in terms of the rule of law, it is acknowledged that ‘the rule of man’ cannot be avoided, and that morality is important. Both traditions oppose the rule of man, in as far as it refers to someone acting out his selfish preferences. It is concluded that good administration requires officials with both good morality and respect for the law; whether this is a kind of convergence is a matter of debate