chapter  9
40 Pages

The dynamics and politics of legal reform in China: Induction, deduction and, above all, pragmatism

ByRAN DA L L PEERENBOOM

On the descriptive level, reforms are often described horizontally in terms of transplants or various other metaphors that emphasize the foreign or domestic source of reforms; and vertically as the result of a top-down versus bottom-up, or an inductive versus deductive, process. Although the various metaphors and ways of describing reforms offer advantages and disadvantages, they do not address directly the issues of prediction: what determines whether a foreign or homegrown model will be adopted? What explains how, why and the extent to which a foreign model will be adapted to local circumstances? Similarly, what explains the choice of a top-down or deductive approach, as opposed to a bottom-up or inductive approach?