"Guanxi!"-"Gesundheit!" An Alternative View on the "Rule of Law" Panacea in China

"Guanxi!"-"Gesundheit!" An Alternative View on the "Rule of Law" Panacea in China

By: Micaela Tucker

Assistant Attorney General, Office of the Attorney General of Vermont

Excerpt from Guanxi!"-"Gesundheit!" An Alternative View on the "Rule of Law" Panacea in China, 35 Vt. L. Rev. 689

Introduction

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 characterized as...


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