This article critically examines American assumptions about the development of the legal profession in China.
China
Tam (2012), Legal Mobilization under Authoritarianism: The Case of Post-Colonial Hong
This article explores the dynamics of legal mobilization under authoritarian regimes, using post-colonial Hong Kong as a case study.
Lee (2017), “Beyond the ‘Professional Project’: The Political Positioning of Hong Kong Lawyers”
This article explores the political positioning of lawyers in Hong Kong, challenging conventional theories in the sociology of professions that focus on status and market control.
Alford (2010), “‘Second lawyers, first principles’: Lawyers, Rice-Roots Legal Workers, and the Battle Over Legal Professionalism in China”
This article explores the development and significance of these parallel legal personnel systems in China’s legal modernization.
Kwong (2024), “The Legal Profession in Battle: Cause Lawyers Versus State-Embedded Lawyers in Hong Kong’s Democratization”
This article explores how the Hong Kong state counters cause lawyering by promoting “state-embedded lawyers” who defend regime stability, resulting in a polarized legal profession that mirrors broader societal divisions and reshapes public perceptions of the rule of law under mainland China’s influence.
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.
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.
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