Dr Peng He in her book addresses various issues, drawing on Western and
Chinese sources for her argument for a 'communicative' theory of law
making. This book is both timely and important in the Chinese context.
Her argument depends upon the insight that what is important in
societies is not just representative democracy but 'voice' - the
opportunity for individuals to be heard and bring their input into
official systems. More than that, she argues that this can also take
further the idea of living by the rules as something that is not to be
seen as narrow Legalism but as something more akin to living
'righteously' - a view which is resonant with parts of Chinese legal
thought. This book is also important in the present Chinese context in
another way. The developing economy necessitates substantial legal
reform. But applying Western models to China can often be naïve and not
fully fulfil their intended purpose. Peng He's work addresses this by
looking at the process of legislation in connection with legal reform.
It is grounded in a sound theoretical reflection of both the process of
legal transplantation and the process of law making, and looks both at
Western and Chinese sources. Such an approach needs to draw from several
intellectual traditions and it is this interdisciplinary, foundational
research that is the task Dr He has set herself in her project. Her
theory will provide an abstract theoretical framework that is sensitive
to local conditions, while at the same time incorporating insights on
law reform from a broad range of disciplines. Her research is of direct
practical relevance for reforming the legislative process in China.
----Professor Zenon Bańkowski The University of Edinburgh
