Comparing Legal Systems

Disclosure: The views expressed herein are that of a young, eager, green-thumbed American male that is probably experiencing culture shock and who seeks to explore and understand the world. I reserve the right to void any exaggerations, misstatements, ambiguities, and anything else that could help in accomplishing future self-serving pursuits (no sarcasm intended).

Law Group. Today I met with 3 Chinese law students, of which 2 attend EF, and our discussion topic was the American jury system, which is quite unique in the world. In China, like many other countries in the world, there is not an adversarial judicial system pitting the prosecution against the defense. Judges in China, if my friends recall correctly, are both the “judge and jury,” yet they are not the final say because they are accountable to the Communist Party officials whose authority reigns supreme.

This was fascinating to learn about and it highlighted one of my key arguments for the jury system: that is helps to maintain a balance of power between governors and the governed, a cornerstone of democratic ideals. China doesn’t adopt this system for a variety of obvious reasons, one of which is the impracticality of putting others’ fate in the hands of peasant farmers who makeup a large portion of the 700 million people living in China’s rural areas.

Another key piece of the puzzle has to do with thousands of years of developing a culture that frowns upon direct argumentation and one that has a detached parent-child relationship with government. Civic participation, in the Western sense, is basically non-existent and people having neither the interest nor the ability to do so. As a result, there appears to be a large focus on materialism—or perhaps I am just living within the isolating and consumption-focused confines of Shanghai’s complex urbanatomy.

The two hours we spent debating legal systems flew by quickly and my friends’ perspectives were enlightening. This is what I live for! Meaningful and intellectual conversations where I feel connected with others remind me why life is worth living.

On a related note, the discussions I’ve had with these friends and my friend Palmer, who is a senior partner at a corporate law firm, are inspiring me to explore a law degree and perhaps a career in the field. Palmer, for example, has taught me about the evolution of corporate law in China and about his case history involving mergers & acquisitions, equity disputes between multi-national business partners, privatization of state-owned enterprises, corporate structuring and governance problems, IPOs, contract disputes and many other fascinating topics.

I’ve been turned-off to law in the past, frankly, because I wrongfully thought it was mundane and unfulfilling. Like most things in life, however, I learned that it depends on what area of law you practice. So, in addition to study for the GMAT that I take in February, I will also aim to take the LSAT in June. I will obviously be busy, but some sacrifices in life are necessary in order to have the options you want in the future.