Ngoc Son Bui structures his book based on his taxonomy of five different projects of socialist legal reform: exceptional China, universal Vietnam, cooperative Laos, self-reliant North Korea, and preservative Cuba. The study contributes to comparative law by shedding light on the metamorphic nature of socialist legality and the potential rule of law under socialism, progressive authoritarian law, and law and development. Both extensive reviews and the author’s personal experience are significant features of this publication, offering unique insights and relevance for countries such as North Korea, often considered a Pandora’s box in the field of comparative law.
In the three chapters of Part I, Bui conceptualises the socialist world within the framework of comparative law, theorises legal reform, and outlines the socialist legal tradition. The author reaffirms the vitality of socialist law (as demonstrated in his 2020 book on constitutional change and his many other articles). In a Western-centric field such as comparative law, it is crucial to explore legal reforms in the socialist world.
In the five chapters of Part II, Bui examines the legal reform of five socialist countries from four aspects: legislative, administrative, judicial, and legal professional. Socialist legal reforms consistently adhere to the core features of socialist law: socialist legality, democratic centralism, and party vanguardism. This explains the commonality of socialist legal reforms – top-down reforms with legislative method and incremental strategies. In general, although these reforms are not perfect (similar to those in the Western world), they have brought about positive changes in the legitimacy of socialist law, the institutionalisation of legal structures, and the professionalisation of personnel.
Socialist legal reforms represent the image that each country seeks to project. Specifically, China, North Korea, and Cuba are conservative, while Vietnam and Laos tend to be progressive. The differences arise from the interpretation and implementation of socialist principles, particularly regarding party vanguardism, democratic centralism, statist rights, and the economy. For example, while Chinese political leaders attempt to develop a distinctive Chinese legal model – legal divergence – as an alternative to Western liberal models, the Communist Party of Vietnam intends to merge the national legal system with global legal standards – legal convergence. Another example is that, although both Laos and Vietnam are influenced by Buddhism and open to external assistance, the prominent role of Buddhism and customary law prevents Laos from achieving legal convergence despite international cooperation in legal reforms.
Furthermore, private law is still struggling to establish an autonomous manor, in contrast to public law – the key of socialist legal instrumentalism. However, the emergence of red capitalism – a socialist market economy – in China, Vietnam, and Laos has reinforced the importance of private law as a momentum of economic development. This can be observed from the efforts of vertical law and development from the Western world to support these three socialist countries.
To readers, the book unveils the raison d’être of the socialist system under the lens of comparative law. The contemporary socialist world is transformative – not outdated and mechanical like the collapsed regimes in Eastern Europe; dynamic, as demonstrated by their pragmatic eclecticism – not statist; gradual – not spontaneous like Russia’s Big Bang constitutional reforms; nor sporadic like the case of North Korea. This fascinating book paves the way for scholars, practitioners, and policymakers alike and is sure to stimulate your reflection.
Competing interests
None.