chapter  9
40 Pages

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


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?