File Download

There are no files associated with this item.

  Links for fulltext
     (May Require Subscription)
Supplementary

Article: Whose rule of law? Rethinking (post-)colonial legal culture in Hong Kong

TitleWhose rule of law? Rethinking (post-)colonial legal culture in Hong Kong
Authors
Issue Date1998
PublisherSage Publications Ltd. The Journal's web site is located at http://www.sagepub.co.uk/journal.aspx?pid=105776
Citation
Social And Legal Studies, 1998, v. 7 n. 2, p. 147-169 How to Cite?
AbstractIn postcolonial Hong Kong, the Rule of Law inherited from the colonizers has acquired the status of a grand narrative capable of masking its own injustices. This is made possible by the Occidentalization strategies employed by those in power, namely the government and the legal profession. The major injustice of the Rule of Law is in its construction of the standard of reasonableness. It is argued that for linguistic, ethnic and structural reasons, reasonableness as construed in the legal discourse is culture-biased and marginalizes qing, which is a very important element of the cultural roots of the Hong Kong Chinese. The influence of this marginalization of qing is not limited to the legal discourse itself, but is further extended to the public sphere. In turn, in relation to the Rule of Law, the public sphere is rendered unable to perform the task of a 'warning system with sensors' as desired by Habermas.
Persistent Identifierhttp://hdl.handle.net/10722/185360
ISSN
2015 Impact Factor: 0.896
2015 SCImago Journal Rankings: 0.457
References

 

DC FieldValueLanguage
dc.contributor.authorSin, WMen_US
dc.contributor.authorChu, YWen_US
dc.date.accessioned2013-07-30T07:30:56Z-
dc.date.available2013-07-30T07:30:56Z-
dc.date.issued1998en_US
dc.identifier.citationSocial And Legal Studies, 1998, v. 7 n. 2, p. 147-169en_US
dc.identifier.issn0964-6639en_US
dc.identifier.urihttp://hdl.handle.net/10722/185360-
dc.description.abstractIn postcolonial Hong Kong, the Rule of Law inherited from the colonizers has acquired the status of a grand narrative capable of masking its own injustices. This is made possible by the Occidentalization strategies employed by those in power, namely the government and the legal profession. The major injustice of the Rule of Law is in its construction of the standard of reasonableness. It is argued that for linguistic, ethnic and structural reasons, reasonableness as construed in the legal discourse is culture-biased and marginalizes qing, which is a very important element of the cultural roots of the Hong Kong Chinese. The influence of this marginalization of qing is not limited to the legal discourse itself, but is further extended to the public sphere. In turn, in relation to the Rule of Law, the public sphere is rendered unable to perform the task of a 'warning system with sensors' as desired by Habermas.en_US
dc.languageengen_US
dc.publisherSage Publications Ltd. The Journal's web site is located at http://www.sagepub.co.uk/journal.aspx?pid=105776en_US
dc.relation.ispartofSocial and Legal Studiesen_US
dc.titleWhose rule of law? Rethinking (post-)colonial legal culture in Hong Kongen_US
dc.typeArticleen_US
dc.identifier.emailChu, YW: sywchu@hku.hken_US
dc.identifier.authorityChu, YW=rp01773en_US
dc.description.naturelink_to_subscribed_fulltexten_US
dc.identifier.scopuseid_2-s2.0-0039504027en_US
dc.relation.referenceshttp://www.scopus.com/mlt/select.url?eid=2-s2.0-0039504027&selection=ref&src=s&origin=recordpageen_US
dc.identifier.volume7en_US
dc.identifier.issue2en_US
dc.identifier.spage147en_US
dc.identifier.epage169en_US
dc.publisher.placeUnited Kingdomen_US
dc.identifier.scopusauthoridSin, WM=13612250200en_US
dc.identifier.scopusauthoridChu, YW=55462892600en_US

Export via OAI-PMH Interface in XML Formats


OR


Export to Other Non-XML Formats