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
Contents: On mediation: sino-western insights; Chinese legal thinking; Social sanctions as a force of law; Justice without courts; Society, law and justice among rural Chinese Malaysians; Conclusion; Bibliography; Index.
Bee Chen Goh, School of Law, Bond University, Queensland, Australia
‘After reading Professor Goh’s book, I am convinced that the science of anthropology will help us to better understand contemporary law, legal practice and dispute resolution...Professor Goh’s style of writing means that the book is simply a delight to read. For a scholarly text, this is a real achievement. Its clarity and incisiveness is enhanced by the addition of some of the author’s deep personal insights and experiences in Chinese culture, and in law and dispute resolution...The serious student, practitioner and academic in the field of dispute resolution will gain deep insights into both Chinese and Western dispute resolution by reading this book.’
Australasian Dispute Resolution Journal
‘Law Without Lawyers, Justice Without Courts...advances what is already known about "traditional Chinese mediation" and makes the topic more accessible to new audiences.’
Australian Journal of Asian Law