[author]Ji Weidong
[content]
Book News | Ji Weidong: "Procedures and Discussions - The Essence of Modern Rule of Law"
Title: "Program and Discourse: The Essence of Modern Rule of Law"
Author: Ji Weidong
Pricing: 89.00 yuan
Publisher: Peking University Press
Publication date: Expected to be published in June 2025
Book number: 978-7-301-36278-5
◆ Content Introduction
This book is the culmination of the author's over thirty years of research on legal procedures and legal discourse. It revolves around the two core themes of "fair procedures" and "equal discourse", reflecting a unique understanding and interpretation of the spirit of modern rule of law.
Programs and discussions are like two sides of the same coin, the former providing a rational space for the latter to express themselves, while the latter injects substantive content into the former. The interaction between the two not only involves the rational operation of the law, but also reveals the key spirit of democratic governance. By constructing a framework of intertwined interaction among the three elements of "program discussion relationship", this book proposes a new paradigm of program theory that breaks through the binary distinction between form and substance, aiming to build a communication bridge between institutional design and social relations, and provide a realistic and theoretical solution for the modernization of China's rule of law.
Since its publication, many representative papers included in the book have ranked first in the field of jurisprudence, attracting widespread attention from the international academic community and having a profound impact. This book is not only a systematic response to legal scholarship, but also an essential reading material for understanding modern rule of law.
◆ Catalog
Part One Fair Procedure
Chapter 1 Structure and Function of Legal Procedures
Chapter 2: Form and Essence of Legal Procedures
Chapter 3: Reciprocity Relationships in a Purely Procedural Context
Chapter 4 Norms: From Axiom System to Probability Calculation
Chapter 5: Trial: From Conceptual Calculation to Data Calculation
Chapter 6: Procedural Justice in Administration in the Digital Age
Part 2 Equal Discussion
Chapter 1 Interpretation and Discussion of Law
Chapter 2: Tracing the Origins and Innovations of Discussions
Chapter 3: Focusing on Communication: A New Paradigm in Social Sciences
Chapter 4: Risk Communication as a Decision Precondition
Chapter 5: Discourse Game around Ideology
Chapter 6: Legal Discussions Driven by Artificial Intelligence
◆ Preface
In the spring of 2024, Professor Wang Zejian, a leading figure in the field of civil law, and his wife were invited to Shanghai to give two speeches on April 17th and 20th at the Xuhui Campus of Jiaotong University. On the evening of the day of arrival in Shanghai on the 16th, a banquet was held at the Chinese restaurant on the second floor of the Silver Star Crowne Plaza Hotel to welcome the guests. Mr. Jiang Hao, Deputy Editor in Chief of Peking University Press, was also present. During the casual conversation, Professor Wang occasionally praised my excellent legal writing style. Mr. Jiang took this opportunity to invite me to publish a self selected collection in his alma mater's publishing house, and I gladly agreed. At the end of the month, when General Jiang asked again, he began to seriously consider the selection criteria and restructuring ideas of existing papers. In early May, he compiled the first draft titled "Program and Discussion: The Weiqi Eyes of Modern Rule of Law". I originally intended to take this opportunity to revise and supplement the original text, but due to a tight work schedule, I gave up and only made some minor adjustments and integrations to the expression and format. Of course, preserving the original historical appearance also has its own significance. It should be pointed out that some of the viewpoints, regulatory information, and cited literature in the articles included in this book may become invalid or trigger conflicts due to changes in the times, and should be understood in conjunction with historical context and current legal system.
It is also necessary to briefly explain the purpose of the selection here. In general, there are three basic requirements for scholars. One is to hold one or several lifelong in-depth research topics and form a unique core proposition after in-depth research. Secondly, being able to teach multiple courses in related disciplines requires having comprehensive professional knowledge. Thirdly, we should give ourselves the mission of continuous innovation and tirelessly explore at the forefront of academia. In my opinion, the so-called self selection set certainly has the motivation of cherishing oneself, but regardless, it should first try to accurately reflect the origin, basic characteristics, and core propositions of one's research.
To explain the background and basic characteristics of the research, it is also possible to summarize the personal learning and exploration process in a simple and clear way using the ancient art formula of "starting, inheriting, transforming, and combining". The so-called 'rise' refers to the development of a clear awareness of problems during undergraduate studies in the Department of Law at Peking University. My debut work was a paper titled "A Preliminary Discussion on the General Definition of Law: A Doubt of Vyshinsky's Legal Definition" presented at the May Fourth Scientific Symposium in 1981. It criticized the theory of subjective will, sparked similar thinking to Eugen Ehrlich, and proposed concepts such as community will and community norms, although his theory of legal pluralism was not yet known at that time. On the extension of this logic, in 1982, an article titled "On the Relationship between Law and Law" was written, attempting to seek the objective basis of law; In 1983, he co authored "Law and Science and Technology" with Professor Zhao Zhenjiang. This article was published in "Legal Research" and won the first prize of the National Excellent Paper in Legal Research in 1984. From this, it can be seen that the personal problem consciousness formed at this stage is characterized by "sociality" and "scientificity", and is bound to lead to the study of legal sociology and the integration of arts and sciences. The so-called 'Cheng' refers to expanding one's horizons and entering the forefront of the international academic community at Kyoto University after studying abroad. At this point, where sociality and scientificity intersect and combine, I developed a strong interest in the concept of legal reflection mechanisms and the theory of self generated systems by the famous German social theorist Nicholas Luhmann. The so-called "transformation" refers to actively participating in international academic exchanges and attempting to tell the story of China in an internationally recognized language after teaching at Kobe University, gradually forming a dual variation of procedural and relational orientation. My representative work "Programming Theory" was completed during a visiting research period at Stanford Law School in 1992. It goes without saying that whether it is emphasizing experimental procedures that yield the same results through the same operation, or emphasizing judicial procedures that yield similar judgments in similar cases, "procedure" is a key intersection of sociality and scientificity. The Chinese essay collection "The Construction of Rule of Law Order" published in 1999 is basically an extension of the logic of modern legal procedure theory. However, at the same time, while teaching Chinese law, Asian law, comparative cultural theory, and sociology of law, I also began to pay attention to the "relational approach" and its significance for the study of sociology of law and the interpretation of the principles of Chinese legal order. The Japanese monograph "Ultra Modern Law: The Deep Structure of China's Legal Order," published in 1999, formally proposed a theoretical model of the interaction between law and relationships based on previously published discussions in both Japanese and English. The so-called "harmony" refers to a comprehensive attempt to integrate knowledge and action in legal education reform, internationalization, and interdisciplinary platform construction during the ten-year term as Dean of Kaiyuan Law School at Shanghai Jiao Tong University after returning to China in 2008. As for personal research, the focus has shifted to the governance and law of risk society and artificial intelligence.
From this, it can be seen that my core proposition so far has gradually presented a pattern of interweaving procedural theory and relational theory, with the problem consciousness running through it. In a sense, it can also be said that alongside "programs", "relationships" may become another key convergence point between sociality and scientificity, particularly evident in the digital age. Looking back at the history of academic development, from the concept of relationships proposed by Simmel as a form of interaction, to Foucault's description of the "relational power" mechanism, Hopfield's framework of "relational rights", and McNeill's theory of "relational contracts", as well as social network analysis methods and the theory and practice of social games, the perspective of relationality has indeed gradually formed and become increasingly prominent in the field of legal sociology. In fact, without the interaction between people and the relationships formed from it, we simply cannot understand and describe the principles of law and social order. As Luhmann pointed out, communication and relationships as a form of communication can also be understood as the smallest unit of society. In Asia, relationships hold special significance. For example, China is known as a "relationship based society", Japan's civil disputes tend to be resolved through "relationship based dispute resolution", and Southeast Asia's business model has the characteristics of "relationship capitalism", and so on. In the digital age, virtual space has formed a network structure, big data generates value due to its relational nature, and artificial intelligence, especially generative AI, has led to a transformation of individualism into a certain type of collectivism. People have to live in a synthetic state of interaction, and "I" has to be presented in the form of "us". It is obvious that the superposition of the traditional network structure and the digital network structure has contributed to the relationship culture, and is even hastening the birth of a certain Internet civilization of relationism. In this context, law is bound to face a certain "relational turn", which will promote paradigm innovation in knowledge and institutions.
However, here we first have to face the question of how programs and relationships should be integrated. Because there is a sharp contradiction between complex interactive relationships and transparent procedural norms. It is also easy to raise doubts and controversies about whether procedural principles can be emphasized or implemented in a relationship based society. I think there are three main paths to solving this difficult problem. The underlying logic of the first clause is' what is missing, what is being supplemented '. It is precisely because the traditional relationship society in China lacks the concept of procedural justice that it is difficult to construct a modern rule of law order. Therefore, it is particularly necessary to strongly advocate the significance of fair procedures to correct relationships through procedures. The underlying logic of the second point is to "transform the process into a program" and guide it according to the situation in the relationship. Because there are intersecting interactions and processes in the network structure, which provide opportunities and prerequisites for embedding program rules; Only by encoding the behavior of interactive relationships according to the concept of fair procedures can emotional driven order be transformed into rational driven order. The empirical analysis of legal network structure based on time series published in recent years in the field of legal sociology has also proven that the more complex social relationships are, the more procedural rules proliferate, that is, relationships are directly proportional to procedures. The underlying logic of the third path is to "find a balance point between the two ends", using discussion as an intermediary or connecting link between the program and the relationship. The so-called discussion is not limited to legal reasoning, logical syllogism plus implicit techniques, but also includes dialogue, communication, negotiation, and bargaining in a certain social context or specific case. Article based reasoning focuses on legal interpretation, while case based reasoning focuses on legal discussion; Applying abstract provisions to specific scenarios naturally relies on discussions within the program. In fact, programming and discussion can also be seen as two sides of the same coin. Because only fair procedures can provide ideal dialogue conditions for the development of discussions, and only sufficient discussions can inject substantive content into the form of the procedure. Legal procedures should be established based on the needs of discussion, and legal discussions must comply with the requirements and operating rules of the procedure. People actually interact, coordinate interests, make value judgments, reach consensus, or form new contractual relationships through discussions that circulate within the program. Here, discussion serves as an intermediary between procedures and relationships, as well as between procedures and contracts (agreement or recognition) that serve as the basis for the legitimacy of the two major laws, and contracts are precisely the manifestation of the equilibrium state of relationships. Here, program, discussion, and relationship are three in one.
The papers collected in this book basically do not directly involve relationships, but only bring both programming and argumentation into the field of vision. Since the latter two are essentially integrated, this self selection set can also be understood as a new type of procedural theory - aimed at transcending the binary of formal justice and substantive justice, shaping a dual structure of legal legitimacy, and promoting interaction and mutual adjustment among people. But in the dynamic operation of such programs, relationships are actually inseparable. So, a social theory about fair procedures will naturally emerge from this anthology. And conducting sufficient discussions in a fair process in order to gather true consensus and provide a mechanism for continuous efforts to legitimize norms and order is precisely the middle of modern rule of law. If we compare China's modernization of the legal system to a game of Go, then it can also be said that procedures and discussions are the two eyes that lead to overall survival and are truly crucial for winning. In summary, the combination of program and discussion is equivalent to the legitimacy of norms, the consensus building for social cooperation, the continuous standardization and compliance of various relationships, and the rational spirit of democracy and the rule of law. It is in this process of integration that the so-called "sociality" and "scientificity" as the starting point and motivation for personal research can achieve a higher degree of unity.
The meticulous professional spirit of Mr. Lu Jianhua, the director of the editorial department of Peking University Press, and Ms. Wang Xinyu, the responsible editor, who are responsible for editing and distributing this collection of essays, has deeply moved me. Especially the editor Xinyu has put in a lot of effort to carefully review, verify, and adjust the format word for word. I would like to take this opportunity to express my sincere respect and gratitude! In addition, the various papers collected here have been written and published over the course of more than 30 years, and have also been infused with my memories of beautifying overseas struggles. They have also been accompanied by the birth and growth of Harmony and Xiangxiang. Let's also consider this self selected collection as a souvenir for our loved ones.
It is a sequence.
Ji Weidong
Early Spring 2025 at Lumingyuan
◆Author Introduction
Ji Weidong graduated from the Department of Law at Peking University in 1983 and studied abroad in Japan, obtaining a Doctor of Laws degree from Kyoto University.
In 1990, he became an associate professor at Kobe University Law School, and in 1996, he was promoted to full professor for life until he resigned and returned to his home country. I was a visiting scholar at Stanford Law School in the United States from 1991 to 1992. From September 20, 2008 to March 1, 2018, served as the Dean of Kaiyuan Law School at Shanghai Jiao Tong University. I am currently a senior professor of humanities at Shanghai Jiao Tong University, dean of the China Law and Society Research Institute at Shanghai Jiao Tong University, director of the Artificial Intelligence Governance and Law Research Center, director of the Computational Law and AI Ethics Research Center, and director of the Japan Research Center. I also serve as the president of the Legal Sociology Research Association of the Shanghai Law Society, president of the Computational Law Branch of the China Computer Federation (CCF), consultant to the Expert Advisory Committee of the Shanghai National New Generation Artificial Intelligence Development Innovation Pilot Zone, member of the China Digital Economy 50 Forum, founder and editor in chief of the international academic journal Asian Journal of Law and Society, vice chairman of the Asian Alliance for Science and Technology for Sustainable Development, and co chairman of the Global Artificial Intelligence Network Council of the United Nations University. In 2009, he was selected as a distinguished professor of the "Changjiang Scholars" by the Ministry of Education.
Previously selected as a designated member of the Research Committee on Sociology of Law (RCSL) of the International Association of Sociology, a member of the Japan Society of Law and Society, a member of the Research Committee of the Asia Pacific Forum (Awaji Conference), a member of the Planning Committee of the International Institute for Higher Studies, a researcher at the Institute of Comparative Institutions of the Tokyo Foundation, a member of the Judicial Global Agenda Council of the Davos World Economic Forum, deputy director of the Legal Education Guidance Committee of the Ministry of Education, and president of the Shanghai Rule of Law Research Association. In 2007, he was selected as one of the "100 Most Influential Chinese" by the comprehensive weekly Asahi Shimbun of Japan, and in 2017, he was selected as one of the "100 Jurists Who Influence the Process of Rule of Law in China" by the magazine China Today.
My main research areas are sociology of law, comparative law, and digital law. Published 7 papers in the authoritative academic journal "Chinese Social Sciences", namely "The Application and Limitations of Systematic Approach in Legal Research - Discussion on Legal Methodology Issues" (Issue 1, 1987), "The Significance of Legal Procedure - Another Reflection on China's Legal System Construction" (Issue 1, 1993), "The Positioning of the Legal Profession - Japan's Practice of Reforming Power Structure" (Issue 2, 1994), "Law and Society in the 21st Century - Reflections after Participating in the 31st Academic Conference of the International Association of Legal Sociology" (Issue 3, 1996), "Constitutional Review and Strengthening of Judicial Power" (Issue 2, 2002), "The Value of Judicial Independence and Procedure" (English version) (2002, Issue 2) and "On Legal Ideology" (2015, Issue 11). In addition, he has published over 100 papers in renowned professional journals such as China Law Journal, Legal Research, Japanese Civil and Commercial Law Journal, and American Law and Society Review in Chinese, Japanese, English, and other languages. He has also won awards such as the first prize of the first National Excellent Paper in Legal Research (1985).
His major works include "Ultra Modern Law: The Deep Structure of China's Legal Order" (published by Minerva's Study in 1999, winning the first Excellent Work Award of the Japanese Society of Law and Society), "The Construction of Rule of Law Order" (published by China University of Political Science and Law Press in 1999, supplemented by the Commercial Press in 2014, selected as one of the top ten rule of law books influencing China from 1978 to 2014), Outstanding Achievement Award in Humanities and Social Sciences Research at Universities, "The Composition of Chinese Trials" (published by Feige in 2004) The Trajectory of Justice Thinking "(Law Press, 2007 edition)," The Boundary between Order and Chaos "(Law Press, 2008 edition)," The Transition of the Rule of Law "(Zhejiang University Press, 2009 edition)," The Rule of Law Structure "(Law Press, 2012 edition)," The Rule of Law in China under the Great Changes "(Peking University Press, 2013 edition)," The Road to Rule of Law - Social Diversification and Authoritative System "(Law Press, 2014 edition)," Rule of Law in China "(CITIC Press, 2015 edition)," The Concept and Practice of the Constitution "(edited by Shanghai People's Publishing House, 2016 edition)," China's Judicial Reform - Path Dependence and Top level Design of Institutional Change "(edited by Law Press, 2016 edition) Exploration of Risk Law: Focusing on the Interactive Relationship of Accountability (Edited by Shanghai Sanlian Bookstore, 2017 edition), Achievements of the Chinese Academic Translation Project Building the Rule of Law in China: Vol.I Procedure, Discourse and Hermenutic Community, Vol.II Ideas, Praxis and Institutional Design (Routledge，2017)、《AI The Legal Changes of the Times "(edited by Shanghai Sanlian Bookstore, 2020 edition)," Discourse and Sociology of Law: A Study on Finding the Maximum Common divisor through Communication "(edited by Yilin Publishing House, 2021 edition)," Collecting Shells in the Sea of Law "(Commercial Press, 2021 edition), achievements of the Chinese Academic Translation Project Towards the Rule of Law in China: Social Diversification and the Power System (Cambridge University Press, 2022)、 Cross border Law: The Intersection of Norms, Facts, and Disciplines "(Law Press, 2022 edition)," Order in the Metaverse: Virtual Humans, Cryptocurrency Assets, and Rule of Law Innovation "(Shanghai People's Publishing House, 2023 edition)," Sociology of Law "(compiled, Higher Education Press, 2023 edition)," Computational Law and Data Ethics "(compiled, Commercial Press, 2024 edition)," Five Classics of Sociology of Law "(Commercial Press, 2025 edition, soon to be published), etc.