Pluralized Jurisprudence in the Socialist Market

Abstract

This book delves into the correlations and the contradictions between law and justice in China’s transitional market economy. Essentially it tells the story of a newly emerging jurisprudence, falixue. It puts the sharp contradictions and sophisticated nuances of this jurisprudence in the immediate context of politics. Every chapter in the story begins with a deliberate explanation of the internal Chinese perspective on the controversies confronting the legal community. The many points of controversy surrounding the purposes and values of Chinese law can be plotted along a single continuum with reference to two intersecting formal concepts – ‘the market economy is a rule of law economy,’ shichang jingji shi fazhi jingji, and ‘running the country according to law and establishing a socialist rule-of-law country’, yifa zhi guo, jianshe shehuizhuyi fazhi guojia.