Hualing (2011), “Challenging Authoritarianism through Law: Potentials and Limit”

Fu Hualing. “Challenging Authoritarianism through Law: Potentials and Limit.” National Taiwan University Law Review, vol. 6, (2011): 339-361.

This article explores the complex role of legal reform within authoritarian regimes, focusing on activist lawyers in China who strive to use the law to protect rights and promote social change. It highlights the tensions between legal reform as a potential tool for liberalization versus a mechanism that might reinforce authoritarian control. The Chinese Communist Party’s creation of an ostensibly autonomous legal profession presents both opportunities and challenges, as lawyers navigate their professional duties under political constraints. For attorneys in backsliding or authoritarian contexts, this study illustrates the delicate balance between leveraging legal expertise to resist authoritarianism and operating within a system designed to limit their impact.

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