Authoritarian Legality and Legal Instrumentalism in China

The Chinese Journal of Comparative Law, Forthcoming

13 Pages Posted: 9 Feb 2022

See all articles by Shucheng Wang

Shucheng Wang

City University of Hong Kong (CityU)

Date Written: February 7, 2022

Abstract

With the rise of illiberal democracy, the legality as a traditional component of Western legalism has become increasingly important for authoritarian regimes. This is “authoritarian legality” which has been briefly defined as ‘legal norms of authoritarian states and the process in which those legal norms are implemented.’ Taking China as an example, there is no doubt that tremendous efforts have been made to establish a comprehensive system of positive law in China, which has pragmatically strengthened the ‘legal’ elements as reflected in the rational-legal tradition.

Keywords: authoritarian legality, China, legal instrumentalism

Suggested Citation

Wang, Shucheng, Authoritarian Legality and Legal Instrumentalism in China (February 7, 2022). The Chinese Journal of Comparative Law, Forthcoming, Available at SSRN: https://ssrn.com/abstract=4028453

Shucheng Wang (Contact Author)

City University of Hong Kong (CityU) ( email )

83 Tat Chee Avenue
Kowloon
Hong Kong

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