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7 - Concluding Reflections

Chinese Law, Authoritarian Legality and Legal Instrumentalism

Published online by Cambridge University Press:  07 July 2022

Shucheng Wang
Affiliation:
School of Law, City University of Hong Kong
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Summary

This chapter proposes a theory of legal instrumentalism – contextually, a more explanatory framework than either Marxist or Confucian legal theories – to explain the function and role of law in Chinese society. This kind of instrumentalism, which differs from the debate over this theory in the Anglo-American tradition, is situated in China’s authoritarian regime, where a primary concern is the maintenance of political stability through strengthening authoritarian legality for the ruler. On this premise, economic development, as well as other social goals – such as efficiency of the government – for which the law can undoubtedly be placed in an instrumental position may become a priority in the ruler’s political agenda. When it comes to dispute resolution, the primary matter of concern is not the achievement of the formalist justice of Western tradition via either a formal or informal process but rather the settlement of disputes for which the law primarily plays a facilitative role as a tool, regardless of what strategies it may use. Instrumentalism of this kind, which is suitable for Chinese society both culturally and historically, shows that law is visible and does matter in China, although it cannot be completely understood through the lens of other legal traditions.

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Chapter
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Law as an Instrument
Sources of Chinese Law for Authoritarian Legality
, pp. 162 - 180
Publisher: Cambridge University Press
Print publication year: 2022

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