Law Without Lawyers, Justice Without Courts: On Traditional Chinese Mediation

by Goh,Bee Chen

• ISBN13: 9781840147445
• ISBN10: 184014744X
• Format: Hardcover
• Copyright: 2002-07-28
• Publisher: Routledge

Summary

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's 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.It is an important reference and essential resource for anyone keen to learn about traditional Chinese concepts of law, justice and dispute settlement. Equally, it makes a unique contribution to the existing ADR literature by undertaking a socio-legal study on traditional Chinese mediation.

Table of Contents

Preface	vii
Acknowledgements	xi
On Mediation: Sino-Western Insights	1	(23)
Chinese Legal Thinking	24	(18)
Social Sanctions as a Force of Law	42	(23)
Justice without Courts	65	(27)
Society, Law and Justice among Rural Chinese Malaysians	92	(35)
Conclusion	127	(10)
Bibliography	137	(10)
Index	147