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Asian socialist legal transformation is most often considered from a Chinese perspective.1 Occasionally analysis of Vietnamese socialist legal change is also undertaken.2 The unique feature of this book is that the contributors seek to tease out the significance of Asian socialist transformation comparatively, looking to the experience of legal change in both China and Vietnam.3 Further, this investigation of socialist legal transformation proceeds from diverse perspectives. Many of those investigating how the laws and legal institutions of both China and Vietnam have been reshaped in the recent past write as ‘foreign commentators’ on legal change. But their investigations sit beside analyses of legal change by both Chinese and Vietnamese scholars. In the case of Vietnam, ‘insider’ scholarship written and published in English remains relatively rare (Gillespie 1997). The result is a rigorous comparative analysis of Asian legal transformation from indigenous and foreign perspectives. The studies presented in this book complement the existing comparative literature on legal transformation in Eastern Europe.4 They focus on the extent to which ‘Asian’ legal culture, or more specifically the legal cultures of China and Vietnam, reshape or alter the legal changes introduced to enable a market economy and improve governance structures. The studies engage with two core concerns: how to analyse legal change in Asian transitional socialist states, and the comparative transformative experience of particular institutions and laws in China and Vietnam. The studies chronicle theoretical and practical responses to legal reform as these countries change from planned economies to socialist-oriented economies. In addition to analysing ‘legal change’, each author engages either expressly or implicitly with meanings of socialism and their implication for legal reform. The studies address how ‘socialism’ shapes, constrains, enables or is irrelevant to reform in twenty-first century Asian states.

The Diversity and Dynamism of Legal Change in Socialist China and Vietnam