Law and Rule of Law: A Reply to Professors Thomas Adams and Xiaobo Zhai

MAURO BUSSANI

ABSTRACT: This paper has been inspired by the reading of the interesting ‘conversation’ between Professors Thomas Adams and Xiaobo Zhai published in the previous issue of this Journal. Adams and Zhai discuss the meaning and role of the rule of law and touch upon the notion of law. The present essay respectfully criticises the way these distinguished colleagues deal with both issues. On the one hand, the focus is on the limited notion of law which both they and the mainstream debate take for granted. On the other hand, my aim is to show how a historic and comparative law driven reappraisal of the rule of law is able to unearth its intimate legal foundations as well as its limited potential for adoption outside Western societies.

KEYWORDS: Notion of Law, Unofficial Law, Rule of Law, Legal History, Comparative Law, Global Law

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Macau Journal of Global Legal Studies, Volume 2 (2025)