By: Micaela Tucker
Assistant Attorney General, Office of the Attorney General
Excerpt from Guanxi!"-"Gesundheit!" An Alternative View on the "Rule of Law" Panacea in China, 35 Vt. L. Rev. 689
I. Lost in Translation Part 1: Scourge-Antidote Mentality
There is really no doubt now that we live in a globalized world. 1 While
this reality represents something of a triumph for the globalizers, it also
presents problems for them. 2
Foremost among these problems is law-making for this global world.
Regardless of any homogenizing influences this new ultra-connectedness may have
on human society, the world is still composed of diverse nations and
governments. Yet, the new global commerce of products and ideas, as well as
supra-governmental organizations from the "G-7" 3 to the
newest "BRIC Conference" 4 have
created the need for a common framework of governance where diverse polities
intersect. 5 This
process tends to be dominated by the West, which has ever evangelized its
economic gospel while installing its hierarchical laws and legal system as
outpost fortresses in foreign lands. As a result, international legal
development, fueled by Western foreign investment, has incorporated little or
nothing of native systems, let alone allowed for their survival. Moreover,
since the end of World War II, the path of international legal reform has [*690] narrowed due
to Anglo-American dominance in finance and international trade. 6
Of the most visible and important shifts during globalization, Western
interaction with China in the last half-century can fairly be
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