Authoritarian Legality in China

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Authoritarian Legality in China

Law, Workers, and the State

Sociology: work and labour Political structure and processes Constitution: government and the state Local government law

Author: Mary E. Gallagher

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Language: English

Published by: Cambridge University Press

Published on: 7th September 2017

Format: LCP-protected ePub

Size: 11 Mb

ISBN: 9781316028148


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.

Findings on workers' responses

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.

Implications of legal mobilization

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.

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