ABSTRACT

Unger, born in Brazil in 1949, had brought up a community-oriented social model of "super liberalism" on the basis of profound analysis and criticism of inner contradictions in the society of classical liberalism. In thinking about the form of modern rule of law, Unger highly valued the lessons from Chinese history. Unger is deeply influenced by Max Weber in style. Weber focused on why capitalism did not emerge in China. Unger divides the development of Chinese law into three phases: from the Western Zhou Dynasty to the middle of the Spring and Autumn Period; from the middle of the Spring and Autumn Period, to the Warring States Period, then to the Emperor Qin's unification; in the period of the Han Dynasties. Unger sees law as a deep secret code system to interpret relations among persons in a society where the law applies. This chapter focuses on his ideas about social transformation and plans for legal systems.