Law as an Instrument: Sources of Chinese Law for Authoritarian Legality

Law

Law as an Instrument: Sources of Chinese Law for Authoritarian Legality

By Shucheng Wang
Cambridge University Press July 2022

Specifications

ISBN-13
9781009152563
Publisher
Cambridge University Press
Publication
July 2022
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

How can the law be employed pragmatically to facilitate development and underpin illiberal principles? The case of contemporary China shows that the law plays an increasingly important role in the country's illiberal approach to both domestic and China-related global affairs, which has posed intellectual challenges in understanding it with reference to conventional, Western legal concepts and theories. This book provides a systematic exploration of the sources of Chinese law as pragmatically reconfigured in context, aiming to fill the gap between written and practised law. In combination with fieldwork investigations, it conceptualises various formal and informal laws, including the Constitution, congressional statutes, supreme court interpretations, judicial documents, guiding cases and judicial precedents. Moreover, it engages a theoretical analysis of legal instrumentalism, illuminating how and why the law works as an instrument for authoritarian legality in China, with international reflections on other comparable regimes.

Table of Contents

1. Introduction: Emergence of Chinese law?
2. A Dual constitution with Illiberal characteristics
3. Judicial interpretation as a de facto primary statute for adjudication
4. Judicial document as informal state law
5. Guiding cases as a form of statutory interpretation
6. Bureaucratization of judicial precedents
7. Concluding reflections: Chinese law, authoritarian legality and legal instrumentalism
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