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Book Chapter: Bringing Politics Back In: Access to Justice and Labor Dispute Resolution in China
Title | Bringing Politics Back In: Access to Justice and Labor Dispute Resolution in China |
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Authors | |
Keywords | Access to Justice Legality Collective Bargaining Strike Unions |
Issue Date | 2017 |
Publisher | Cambridge University Press |
Citation | Bringing Politics Back In: Access to Justice and Labour Dispute Resolution in China. In Sapio, F, Trevaskes, S, Biddulph, S, et al. (Eds.), Justice: The China Experience, p. 356-378. Cambridge: Cambridge University Press, 2017 How to Cite? |
Abstract | A neglected aspect in the global promotion of rule of law is the political nature of the rule of law. While scholars and practitioners in the field have debated the necessity and feasibility of worldwide rule of law (McCubbins, Rodriguez and Weingast, 2010; Weingast, 2008), they tend to focus on whether, or the degree to which, a developing country meets the “doorstep conditions” for the rule of law as defined in the West. The literature in general marginalizes the political use of law when it is applied in the developing world. In a sense, law is purposively regarded as a technical governance tool, and the politics of rule of law is intentionally taken out of the equation in academic and policy considerations.
This chapter uses labor dispute resolution in China as an example to study access to justice in China’s social and economic transition. The principal argument is that the legal approach to access to justice, with a sharp focus on law and courts, is narrow and fails to explain the wider political horizon on which justice is defined and redefined according to the prevailing sense of justice and the political economy that shapes it. In doing so, this chapter brings politics back to the over-legalized concept of access to justice. The chapter first explores the background in which legal justice emerges in China, and then examines the dominant features of access to justice as it is understood and implemented in China. |
Persistent Identifier | http://hdl.handle.net/10722/227063 |
SSRN |
DC Field | Value | Language |
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dc.contributor.author | Fu, H | - |
dc.date.accessioned | 2016-07-18T03:31:31Z | - |
dc.date.available | 2016-07-18T03:31:31Z | - |
dc.date.issued | 2017 | - |
dc.identifier.citation | Bringing Politics Back In: Access to Justice and Labour Dispute Resolution in China. In Sapio, F, Trevaskes, S, Biddulph, S, et al. (Eds.), Justice: The China Experience, p. 356-378. Cambridge: Cambridge University Press, 2017 | - |
dc.identifier.uri | http://hdl.handle.net/10722/227063 | - |
dc.description.abstract | A neglected aspect in the global promotion of rule of law is the political nature of the rule of law. While scholars and practitioners in the field have debated the necessity and feasibility of worldwide rule of law (McCubbins, Rodriguez and Weingast, 2010; Weingast, 2008), they tend to focus on whether, or the degree to which, a developing country meets the “doorstep conditions” for the rule of law as defined in the West. The literature in general marginalizes the political use of law when it is applied in the developing world. In a sense, law is purposively regarded as a technical governance tool, and the politics of rule of law is intentionally taken out of the equation in academic and policy considerations. This chapter uses labor dispute resolution in China as an example to study access to justice in China’s social and economic transition. The principal argument is that the legal approach to access to justice, with a sharp focus on law and courts, is narrow and fails to explain the wider political horizon on which justice is defined and redefined according to the prevailing sense of justice and the political economy that shapes it. In doing so, this chapter brings politics back to the over-legalized concept of access to justice. The chapter first explores the background in which legal justice emerges in China, and then examines the dominant features of access to justice as it is understood and implemented in China. | - |
dc.language | eng | - |
dc.publisher | Cambridge University Press | - |
dc.relation.ispartof | Justice: The China Experience | - |
dc.rights | This material has been published in revised form in Justice: The China Experience edited by Sapio, F, Trevaskes, S, Biddulph, S, et al. https://doi.org/10.1017/9781108115919.013. This version is free to view and download for private research and study only. Not for re-distribution or re-use. © Cambridge University Press 2017 | - |
dc.subject | Access to Justice | - |
dc.subject | Legality | - |
dc.subject | Collective Bargaining | - |
dc.subject | Strike | - |
dc.subject | Unions | - |
dc.title | Bringing Politics Back In: Access to Justice and Labor Dispute Resolution in China | - |
dc.type | Book_Chapter | - |
dc.identifier.email | Fu, H: hlfu@hku.hk | - |
dc.identifier.authority | Fu, H=rp01245 | - |
dc.description.nature | postprint | - |
dc.identifier.doi | 10.1017/9781108115919.013 | - |
dc.identifier.scopus | eid_2-s2.0-85046858319 | - |
dc.identifier.spage | 356 | - |
dc.identifier.epage | 378 | - |
dc.publisher.place | Cambridge | - |
dc.identifier.ssrn | 2791589 | - |