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Drafting Legislation for Development: Lessons from a Chinese Project

Drafting Legislation for Development: Lessons from a Chinese Project ANN SEIDMAN & ROBERT B. SEIDMAN Drafting Legislation for Development: Lessons from a Chines e Project The world around, in recent years many governments tried to use the state and the legal order radically to alter their economies: In Eastern Europe and in China, from centrally planned to more or less market economies; in the Third World, from dependent colonial to independent economies; in South Africa, from apartheid to a color­ blind system to meet all its people's needs. A variety of aid organiza­ tions jumped in to assist. Lawyers and legal academics, mostly from the United States, jetted hither and yon on drafting missions, their briefcases like pigskin treasure chests, bulging with draft bills. This article reports on a five-year, United Nations Development Programme-financed project to assist China in drafting 22 priority laws, and in the process, to strengthen the capacity of Chinese draft­ ers ('the Project'). The Project's experience may shed light on some of the theoretical and methodological debates scratched up by these wide-ranging attempts at social transformation through law. For example: AN N SEIDMAN is Adjunct Professor, Boston University School of Law and Interna­ tional Development and Social Change Programme, Clark University. ROBERT B. SEIDMAN http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Drafting Legislation for Development: Lessons from a Chinese Project

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Publisher
Oxford University Press
Copyright
© 1996 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840519
Publisher site
See Article on Publisher Site

Abstract

ANN SEIDMAN & ROBERT B. SEIDMAN Drafting Legislation for Development: Lessons from a Chines e Project The world around, in recent years many governments tried to use the state and the legal order radically to alter their economies: In Eastern Europe and in China, from centrally planned to more or less market economies; in the Third World, from dependent colonial to independent economies; in South Africa, from apartheid to a color­ blind system to meet all its people's needs. A variety of aid organiza­ tions jumped in to assist. Lawyers and legal academics, mostly from the United States, jetted hither and yon on drafting missions, their briefcases like pigskin treasure chests, bulging with draft bills. This article reports on a five-year, United Nations Development Programme-financed project to assist China in drafting 22 priority laws, and in the process, to strengthen the capacity of Chinese draft­ ers ('the Project'). The Project's experience may shed light on some of the theoretical and methodological debates scratched up by these wide-ranging attempts at social transformation through law. For example: AN N SEIDMAN is Adjunct Professor, Boston University School of Law and Interna­ tional Development and Social Change Programme, Clark University. ROBERT B. SEIDMAN

Journal

American Journal of Comparative LawOxford University Press

Published: Jan 1, 1996

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