Law as Instrument

Law as Instrument Sources of Chinese Law for Authoritarian Legality

Paperback (26 Oct 2023)

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Publisher's Synopsis

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.

Book information

ISBN: 9781009152570
Publisher: Cambridge University Press
Imprint: Cambridge University Press
Pub date:
DEWEY: 340.1150951
DEWEY edition: 23
Language: English
Number of pages: 239
Weight: 362g
Height: 152mm
Width: 228mm
Spine width: 17mm