The Value of Combining Legal Science with Cultural Thought: Its Impact on Promoting Legal Pluralism and Social Justice

Abstract

The concept of legal pluralism has significantly challenged the centrality of state law and fostered a deeper understanding of the diverse legal systems individuals interact with. Our qualitative study explored the interplay between legal pluralism, cultural thought, and social justice in China. The findings highlight the complex interaction between state law, non-state legal systems, and cultural values. Participants identified challenges in navigating China's dual legal system. The formality of state courts contrasted with the perceived lack of transparency and fairness in village mediation. Concerns about potential bias within non-state systems, particularly for marginalized groups, were also raised. Analysis revealed how deeply cultural values are embedded within China's legal landscape. Concepts like filial piety, social harmony, and collective well-being were found to influence legal interpretations and decision-making processes, especially in non-state legal systems like village mediation. The study identified instances where social movements, drawing on cultural values and traditions, advocated for legal reforms that promote social justice. In conclusion, our study underscores the importance of considering cultural influences within China's legal system.