Securities. The most important line of thought is taking into account the internal values enshrined in the rules. Ethical values are at the heart of the legal system and culture of a given population. According to Posner,[7] in 1996 there were about 15 times more American judges than English judges, but only about 10 times as many American lawyers as English lawyers. Posner suggests that English judges have more prestige than American judges and a related point is that the ratio of judges to lawyers is lower in England than in the United States. [7] As a result, the English common law system, unlike the American legal system, has a legal culture of greater prestige and elitism, not only in the judiciary, but also in those who defend justice. In summary, human society is constantly confronted with the following problems: (i) the creation and long-term use of power by some over others; (ii) long-term interaction and cooperation between people; and (iii) the need for all human societies to ensure that others contribute to the benefit of all and to avoid the destruction of all. These are the fundamental reasons for the rules of law and culture. If these objectives are continually taken into account, detailed and redefined in the development of legal and cultural rules and the relationship between the two, their differences and content could be more compatible, acceptable and practical. Other problems of China`s legal culture include a piecemeal approach to legislation with an imbalance between law and policy; denial of private law; neglect of human rights and individual freedoms; and poor law enforcement. [9] According to Chen, the consensus in China among scholars is that the absence of democracy and the rule of law are interdependent concepts, with “the rule of law being legitimate only if it is the product of democratic government.” [10] Here, one could consider Taiwan (officially known as the Republic of China), which is a unified semi-presidential constitutional republic. [11] [Circular reference] Taiwan is characterized as a representative democracy.
Despite its democratic values, underpinned by a constitution based on German civil law, it is not widely recognized as a separate state from the People`s Republic of China. [12] [Circular reference] The meaning of culture seems to depend on the culture that defines it. This chapter provides an overview of the different definitions of culture in general and legal culture in particular and sets the stage for discussion of the complicating effects of cultural diversity in contemporary international arbitration in subsequent chapters. The chapter starts from the definition of culture established by the United Nations Educational, Scientific and Cultural Organization (UNESCO) before addressing the many dimensions of culture. This is followed by a brief overview of culture in transnational cases before the first reflections on culture in international arbitration. Guo, S., & Cao, Q. (2007). Overview of the History of Western Legal Culture [M] (pp. 1-3). Beijing: China Legal Publishing House.
Direct transplants from Western legal systems or cultures may not provide an adequate rule of law in which the lives of ordinary Chinese can be marginalized in favor of the legal elite who use legal tools for self-promotion. Moreover, the implementation of Western legal norms does not take into account local culture and relations; This could destroy important cultural ties and relationships in the rural community. The traditional legal culture of rural Chinese, based on personal and informal relationships, risks eroding if legal pluralism is not promoted. Gao, H. (2007). The semantics and context of legal culture and its Chinese issues [J]. China Legal Science, 4, 23-38. Current cultures will fail if there are no mechanisms (at least even a movement toward inquiry) to find other ways to protect groups.
These deficient cultures may either conflict with the current needs of society or fail to meet the necessary needs of their populations. If they cannot or cannot distinguish between fraudulent and abusive needs on the one hand and real needs on the other, they will inwardly decay and corrupt – and die. When organizations like an army, a business, an educational institution and others come to power, they all pose the same problems. Power must be transferred to man, and that power can be used for good or evil: for the benefit of the group, or for the benefit of those in power, or otherwise. The application of rules can be cruel or educational, the definition of right and wrong can change, and the paths to one or the other can also change. Corporate misconduct, and indeed many other misconduct, can be the product of what we think is good. In this case, for example, competition. We often talk about law and culture in the same breath. This may be due to the fact that both systems impose the necessary rules of conduct on each person and organization. But law and culture are very different, although they are related to each other and influence each other. Therefore, it is desirable to study their similarities and differences and their relationship.
