University of Wisconsin–Madison

Tag: Asia

Myint (2014), Legal Hybridity: Rule of Law Under Authoritarianism

The article explains how authoritarian regimes like Singapore exhibit legal hybridity by using law both to strengthen control and to limit their own power, blending elements of rule of law and rule by law.

Munger (2015), “Thailand’s Cause Lawyers and Twenty-First Century Military Coups: Nation, Identity, and Conflicting Visions of the Rule of Law”

The essay argues that Thai cause lawyers’ conflicting views on recent coups reveal how the rule of law is shaped by national identity, personal experience, and ties to social movements, rather than a universal legal standard.

Fu and Cullen (2008), “Weiquan (Rights Protection) Lawyering in an Authoritarian State: Building a Culture of Public‐Interest Lawyering”

China’s legal profession has rapidly privatized, leading to greater lawyer organization and social advocacy within the one-party state, despite ongoing government control.

Stern (2017), “Activist Lawyers in Post-Tiananmen China”

The essay situates China’s Human Rights Lawyers within authoritarian legality studies, revealing how rights lawyers navigate China’s courts to pursue social activism amid the state’s efforts to use law while maintaining political control.

Parslow (2018), “Lawyers against the Law: The Challenge of Turkish Lawyering Associations

Despite increasing authoritarian control over the judiciary, Turkish activist lawyers such as the Çağdaş Hukukçular Derneği strategically engage with the legal system as a form of grassroots resistance that challenges and redefines state-imposed legal boundaries.

Batesmith and Stevens (2018), “In the Absence of the Rule of Law: Everyday Lawyering, Dignity and Resistance in Myanmar’s ‘Disciplined Democracy'”

In Myanmar’s authoritarian legal system, everyday lawyers resist state power by preserving client dignity, offering subtle defiance where rule of law is absent.

Mann (2024), Defending Legal Freedoms in Indonesia: The Indonesian Legal Aid Foundation and Cause Lawyering in an Age of Democratic Decline

This book explores how Indonesia’s leading legal aid organization, YLBHI, has used cause lawyering to resist authoritarianism, navigate democratic setbacks, and defend legal freedoms amid growing threats to democracy.

Glušac (2020), “Strengthening Ombudspersons in Central and Eastern Europe”

YUCOM used international review to challenge Serbia’s ombudsperson for lacking independence and competence.

Winn and Yeh (1995), “Advocating Democracy: The Role of Lawyers in Taiwan’s Political Transformation”

Despite some lawyers in Taiwan working for social justice, the idea of actively opposing a repressive state is not yet central to the legal profession, though ongoing democratization and legal reforms may enable a more politically engaged role for lawyers in the future.

Rosenzweig (2013), “Disappearing Justice: Public Opinion, Secret Arrest and Criminal Procedure Reform in China”

In February 2011, Chinese authorities detained numerous online activists and rights lawyers to suppress potential Arab Spring. This inspired unrest, using harsh interrogation and intimidation tactics, which later sparked public debate and legal critique over China’s criminal procedure laws.