During the last 5 or 6 years, I expanded my academic interest into the area of law and
development. Initially, I devoted my attention to the role of law in China’s economic
development. This appears to be fruitful. China’s economic reform policy initiated
at the end of the 1970s has significantly changed the nature of China’s economy. It
has gradually moved away from a rigid planned economy with the public ownership
of the means of production toward a socialist market economy. The reform has
considerably expanded the Pareto frontier of exchanges or market transactions and
resulted greatly in the improvement of human welfare. The past 30 years or so
have also provided fertile ground and adequate evidence for scholars to analyze or
assess the relationship between the formal law and China’s economic development.
While the literature in general tends to emphasize the formal legal institutions in
economic development, the specific body of literature on China, however, usually
favors the view that formal law does not play important roles in China’s economic
development. This puzzling issue occupied my mind and most of my time from
2008 to 2011. Four chapters in this book focus on this issue, and my positions are
fully explained in these chapters.
Since 2010, I started to pay attention to the role of politics in China’s economic
development. There are two major reasons. First, I edited two books published
by Routledge on development in China during my directorship of the Center
for Chinese Law at the Faculty of Law of the University of Hong Kong. While
I have tried to solicit writings on law, politics and development for the edited
books, writings on how politics affect China’s economic development are much
more limited than writings on how the formal law influences China’s economic
development. Secondly, my interest in offering a course entitled “Comparative
Constitutional Law Theory” led me to consider the issue of the role of politics in
economic development. I am a lawyer by trade and received formal training at the
University of Toronto Law School. The Toronto Law School, however, is reputable
for its theoretical approaches to law from different perspectives, particularly famous
for its approaches from economics and philosophy.