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Authoritarian Legality in China: Law, Workers, and the State

Authoritarian Legality in China: Law, Workers, and the State

Authoritarian Legality in China: Law, Workers, and the State

Author: Mary Elizabeth Gallagher
Publisher: Cambridge University Press
ISBN: 9781107444485
Published In: September 2017
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 325.00

HKD 315.25 Save HKD 9.75 (3%)

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Can authoritarian regimes use democratic institutions to strengthen and solidify their rule? The Chinese government has legislated some of the most protective workplace laws in the world and opened up the judicial system to adjudicate workplace conflict, emboldening China's workers to use these laws.

This book examines these patterns of legal mobilization, showing which workers are likely to avail themselves of these new protections and find them effective. Gallagher finds that workers with high levels of education are far more likely to claim these new rights and be satisfied with the results. However, many others, left disappointed with the large gap between law on the books and law in reality, reject the courtroom for the streets.

Using workers' narratives, surveys, and case studies of protests, Gallagher argues that China's half-hearted attempt at rule of law construction undermines the stability of authoritarian rule. New workplace rights fuel workers' rising expectations, but a dysfunctional legal system drives many workers to more extreme options, including strikes, demonstrations and violence.

1. Authoritarian legality at work: workplace reform and China's urbanization

2. A theory of authoritarian legality

3. Fire alarms and fire fighters: institutional reforms legal mobilization at the Chinese workplace

4. By the book: legal mobilization as an educative process

5. Great expectations: the disparate effects of legal mobilization

6. The limits of authoritarian legality

7. Epilogue: requiem for the labor contract law?

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