An analysis of modernization and law concerning same-sex sexuality in China

Abstract

This dissertation studied the relationship between the modernization process and the development of law regarding same-sex sexuality in China. Sexual minorities have become socially visible in recent years, while the law and official attitude has ignored them in such a way that requires them to be socially silent. This research discussed and explained the law and legal operations concerning LGBT in China from a socio-legal perspective that looked beyond the specific issue per se. This dissertation reached into fields of history, sociology and political theory, while it also tested the modernization theories. It was found that traditional China held a premodern tolerance towards same-sex sexuality in accordance with traditional ethics. The false assumption of homosexuality being against the Chinese tradition was refuted. This premodern tolerance has been succeeded into today, but it was incompatible with more modern tolerance and self-expression values that have been fostered by socio-economic development and cultural changes in the process of modernization. This thesis argued that the development of law regarding same-sex sexuality in China was largely in accordance with the modernization process that is compatible with Ronald Inglehart’s modified modernization theory. While there were some rising self-expression values beyond the premodern tolerance of homoeroticism, modernization was still an ongoing process and people still stressed on materialistic-survival values that were further strengthened by the People's Republic of China’s model of modernization development, influence of traditional values, and Communist Party of China’s political operations. Although people have become more socially tolerable towards LGBT recognizing certain sexual freedoms, strong survival values and cultural preference for authoritarianism and rule by law keep them from supporting sexual minorities’ needs of rights.