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The New Haven School of Legal Theory from the Perspective of Traditional Chinese Culture

  • Wang Guiguo

Research output: Journal Publications and ReviewsRGC 21 - Publication in refereed journalpeer-review

Abstract

Globalization has brought about an unprecedented degree of interaction and interdependence, not only between nation states but also between states and other entities, ranging from international organizations to individuals. A major consequence of international interaction is cultural exchange; therefore, any legal or social theory which has evolved in a particular society must take account of the socio-cultural context of other societies for it to be meaningfully applied elsewhere. This article argues that this is true of the New Haven School, a policy-oriented perspective on international law, which is rooted in American culture. This article takes the Chinese cultural context as a point of reference for comparative purposes. Traditional Chinese culture is one of the most profound cultures in the world. The influence of traditional Chinese culture on decision making and human behaviour is still obvious in modern China despite the fact that the study of traditional Chinese culture has experienced some setbacks in recent times. This article will examine some aspects of the New Haven School in the context of the values of traditional Chinese culture with a view to determining whether and in what aspects they may complement and supplement each other.

Original languageEnglish
Pages (from-to)211-231
Number of pages21
JournalAsia Pacific Law Review
Volume20
Issue number2
DOIs
Publication statusPublished - 2012

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