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Dignity Discourses in Struggles for Basic Legal Freedoms in China

Published online by Cambridge University Press:  06 August 2021

Terence C. Halliday  and
Sida Liu
Terence C. Halliday*
Affiliation:
American Bar Foundation and the Australian National University
Sida Liu
Affiliation:
University of Toronto
*
*Corresponding author: E-mail: halliday@abfn.org
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Abstract

How do dignity discourses shift the framing of struggles for basic legal freedoms? Based on our decade-long empirical research on lawyers and politics in China, we provide a theoretical intervention in a burgeoning socio-legal scholarship on dignity in this article. Drawing inductively from in-depth interviews, we find that a powerful current of dignity consciousness and sentiment, joined by an acute awareness of dignity harms, flows through the community of Chinese activist lawyers. Their dignity discourses can be witnessed and explained in four streams of awareness: (1) dignity experienced as an ideal in juridical, philosophical, and theological idioms; (2) dignity takings experienced indirectly and directly in the property takings of clients’ homes, farms, and livelihood; (3) assaults on dignity through property takings of spaces of religious worship; and (4) the takings of professional dignity from the lawyers charged with defending the dignity of others. This article points to the value of dignity framings in the general theory of collective action for basic legal freedoms.

Keywords

dignitydiscourseChinalawyersproperty rightsreligion
Type
Dignity in East Asian Law and Society
Information
Asian Journal of Law and Society , Volume 8 , Issue 1 , February 2021 , pp. 134 - 150
Copyright
© The Author(s), 2021. Published by Cambridge University Press on behalf of Asian Journal of Law and Society

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References

Abbott, Andrew (1981) “Status and Status Strain in the Professions.” 86 American Journal of Sociology 819–35.CrossRefGoogle Scholar
Abel, Richard L. (1989) American Lawyers, New York: Oxford University Press.Google Scholar
AsiaNews (2019) “Chinese Authorities Shut Down the Shouwang Protestant Church in Beijing,” http://www.asianews.it/news-en/Chinese-authorities-shut-down-the-Shouwang-Protestant-church-in-Beijing-46613.html (accessed 25 February 2020).Google Scholar
Atuahene, Bernadette (2014) We Want What’s Ours: Learning from South Africa’s Land Restitution, Oxford: Oxford University Press.Google Scholar
Atuahene, Bernadette (2016) “Dignity Takings and Dignity Restoration: Creating a New Theoretical Framework for Understanding Involuntary Property Loss and the Remedies Required.” 41 Law & Social Inquiry 796–823.CrossRefGoogle Scholar
BBC (2016) “US Condemns Zhang Kai ‘Confession’ on Chinese State TV,” https://www.bbc.com/news/world-asia-china-35676223 (accessed 25 February 2020).Google Scholar
Cai, Yongshun (2010) Collective Resistance in China: Why Popular Protests Succeed or Fail, Stanford: Stanford University Press.Google Scholar
Cao, Nanlai (2011) Constructing China’s Jerusalem: Christians, Power, and Place in Contemporary Wenzhou, Stanford: Stanford University Press.Google Scholar
Carter, Joe (2018) “5 Facts about Persecuted Chinese Pastor Wang Yi,” https://erlc.com/resource-library/articles/5-facts-about-persecuted-chinese-pastor-wang-yi (accessed 25 February 2020).Google Scholar
Davison, Nicola (2011) “Chinese Christianity Will Not Be Crushed,” https://www.theguardian.com/commentisfree/belief/2011/may/24/chinese-christianity-underground (accessed 25 February 2020).Google Scholar
Deng, Yanhua, & O’Brien, Kevin J. (2013) “Relational Repression in China: Using Social Ties to Demobilize Protesters.” 215 The China Quarterly 533–52.CrossRefGoogle Scholar
Dingwall, Robert, & Lewis, Philip (1983) The Sociology of the Professions: Lawyers, Doctors, and Others, New York: St. Martin’s Press.CrossRefGoogle Scholar
Du, Yue (2019) “Urbanizing the Periphery: Infrastructure Funding and Local Growth Coalition in China’s Peasant Relocation Programs.” 40 Urban Geography 1231–50.CrossRefGoogle Scholar
Early Rain Covenant Church (2015) “95 Theses: The Reaffirmation of our Stance on the House Church,” https://www.chinapartnership.org/blog/2015/08/95-theses-the-reaffirmation-of-our-stance-on-the-house-church (accessed 25 February 2020).Google Scholar
Erie, Matthew S. (2016) China and Islam: The Prophet, the Party, and Law, New York: Cambridge University Press.CrossRefGoogle Scholar
Freidson, Eliot (2001) Professionalism: The Third Logic, Chicago: The University of Chicago Press.Google Scholar
Fu, Hualing (2018) “The July 9th (709) Crackdown on Human Rights Lawyers: Legal Advocacy in an Authoritarian State.” 27 Journal of Contemporary China 554–68.CrossRefGoogle Scholar
Fu, Hualing, & Cullen, Richard (2008) “Weiquan (Rights Protection) Lawyering in an Authoritarian State: Building a Culture of Public-Interest Lawyering.” 59 The China Journal 111–27.CrossRefGoogle Scholar
Fu, Hualing, & Cullen, Richard (2011) “Climbing the Weiquan Ladder: A Radicalizing Process for Rights-Protection Lawyers.” 205 The China Quarterly 40–59.Google Scholar
Gallagher, Mary E. (2006) “Mobilizing the Law in China: ‘Informed Disenchantment’ and the Development of Legal Consciousness.” 40 Law and Society Review 783–816.CrossRefGoogle Scholar
Gao, Zhisheng (2016) 2016 Human Rights Report for China, London: Christian Solidarity Worldwide.Google Scholar
Haas, Benjamin (2018) “China Church Demolition Sparks Fears of Campaign against Christians,” https://www.theguardian.com/world/2018/jan/11/china-church-demolition-sparks-fears-of-campaign-against-christians (accessed 25 February 2020).Google Scholar
Halliday, Terence C. (2019) “The International Legal Complex: Wang Yu and the Global Response to Repression of China’s Rights’ Lawyers,” in Greenspan, R., Aviram, H., & Simon, J., eds., The Legal Process and the Possibility of Justice: Research in the Tradition of Malcolm Feeley, New York: Cambridge University Press, 289–313.CrossRefGoogle Scholar
Halliday, Terence C., & Karpik, Lucien (1997) “Politics Matter: A Comparative Theory of Lawyers in the Making of Political Liberalism,” in Halliday, T. C. & Karpik, L., eds., Lawyers and the Rise of Western Political Liberalism: Europe and North American from the Eighteenth to Twentieth Centuries, Oxford: Clarendon Press, 15–64.Google Scholar
Halliday, Terence C., & Liu, Sida (2007) “Birth of a Liberal Moment? Looking through a One-Way Mirror at Lawyers’ Defense of Criminal Defendants in China,” in Halliday, T. C., Karpik, L., & Feeley, M. M., eds., Fighting for Political Freedom: Comparative Studies of the Legal Complex and Political Change, Oxford: Hart Press, 65–108.Google Scholar
Halliday, Terence C., Karpik, Lucien, and Feeley, Malcolm M., eds. (2012) Fates of Political Liberalism in the British Post-Colony: The Politics of the Legal Complex, New York: Cambridge University Press.CrossRefGoogle Scholar
Human Rights Watch (2019) China’s Algorithms of Repression: Reverse Engineering of a Xinjiang Police Mass Surveillance App, New York: Human Rights Watch.Google Scholar
Jacobs, Andrew (2011) “Chinese Christians Rally around Underground Church,” https://www.nytimes.com/2011/05/13/world/asia/13china.html (accessed 25 February 2020).Google Scholar
Johnson, Ian (2017) The Souls of China: The Return of Religion after Mao, New York: Pantheon.Google Scholar
Kuo, Lily (2019) “Revealed: New Evidence of China’s Mission to Raze the Mosques of Xinjiang,” https://www.theguardian.com/world/2019/may/07/revealed-new-evidence-of-chinas-mission-to-raze-the-mosques-of-xinjiang (accessed 25 February 2020).Google Scholar
Larson, Magali S. (1977) The Rise of Professionalism, Berkeley: University of California Press.CrossRefGoogle Scholar
Lau, Mimi (2016) “Rights Lawyer Says He Was Forced to Smear Lellow Activists Caught in China Crackdown,” https://www.scmp.com/news/china/policies-politics/article/2011418/rights-lawyer-says-he-was-forced-smear-fellow-activists (accessed 25 February 2020).Google Scholar
Li, Ling (2016) “The Rise of the Discipline and Inspection Commission, 1927–2012: Anticorruption Investigation and Decision-Making in the Chinese Communist Party.” 42 Modern China 447–82.CrossRefGoogle Scholar
Liu, Sida, & Halliday, Terence C. (2011) “Political Liberalism and Political Embeddedness: Understanding Politics in the Work of Chinese Criminal Defense Lawyers.” 45 Law and Society Review 831–66.CrossRefGoogle Scholar
Liu, Sida, & Halliday, Terence C. (2016) Criminal Defense in China: The Politics of Lawyers at Work, New York: Cambridge University Press.Google Scholar
Liu, Sida, & Halliday, Terence C. (2019) “The Ecology of Activism: Professional Mobilization as a Spatial Process.” 56 Canadian Review of Sociology/Revue canadienne de sociologie 452–71.CrossRefGoogle ScholarPubMed
Liu, Sida, Liang, Lily, & Halliday, Terence C. (2014) “The Trial of Li Zhuang: Chinese Lawyers’ Collective Action against Populism.” 1 Asian Journal of Law and Society 79–97.CrossRefGoogle Scholar
Minzner, Carl F. (2006) “Xinfang: An Alternative to Formal Chinese Legal Institutions.” 42 Stanford Journal of International Law 103–79.Google Scholar
Muftugil, Onur (2017) “Human Dignity in Muslim Perspective: Building Bridges.” 13 Journal of Global Ethics 157–67.CrossRefGoogle Scholar
Ng, Kwai Hang (2009) The Common Law in Two Voices: Language, Law, and the Postcolonial Dilemma in Hong Kong, Stanford: Stanford University Press.Google Scholar
O’Brien, Kevin J., and Li, Lianjiang (2006) Rightful Resistance in Rural China, New York: Cambridge University Press.CrossRefGoogle Scholar
Phillips, Tom (2016) “Anger as Christian Lawyer Paraded on Chinese State TV for ‘Confession’,” https://www.theguardian.com/world/2016/feb/26/anger-as-christian-lawyer-is-paraded-on-chinese-state-tv-for-confession (accessed 25 February 2020).Google Scholar
Pils, Eva (2016) “Resisting Dignity Takings in China.” 41 Law and Social Inquiry 888–916.CrossRefGoogle Scholar
Pils, Eva (2018) “The Party’s Turn to Public Repression: An Analysis of the ‘709’ Crackdown on Human Rights Lawyers in China.” 3 China Law and Society Review 1–48.CrossRefGoogle Scholar
Radio Free Asia (2017) “Destruction at Larung Gar Greater than Earlier Reported,” https://www.rfa.org/english/news/tibet/destruction-06222017173558.html (accessed 25 February 2020).Google Scholar
Regilme, Salvador Santino F. Jr (2019) “The Global Politics of Human Rights: From Human Rights to Human Dignity?” 40 International Political Science Review 279–90.CrossRefGoogle Scholar
Starr, Chloe (2016) “Wang Yi and the 95 Theses of the Chinese Reformed Church.” 7 Religions 142–57.CrossRefGoogle Scholar
Teng, Biao (2009) “What Is Rights Defense?” in Mosher, S. and Poon, P., eds., A Sword and a Shield, Hong Kong: China Human Rights Lawyers Concern Group.Google Scholar
Teng, Biao (2013) “The Rights Defense Movement in China.” 46 Chinese Law & Government 4–12.Google Scholar
United Nations (2015) Universal Declaration of Human Rights (Illustrated Edition), New York: United Nations.Google Scholar
Vala, Carsten T. (2018) The Politics of Protestant Churches and the Party-State in China: God Above Party? Abingdon: Routledge.Google Scholar
Waters, Nick (2019) “Are Historic Mosques in Xinjiang Being Destroyed?,” https://www.bellingcat.com/news/rest-of-world/2019/04/05/are-historic-mosques-in-xinjiang-being-destroyed/ (accessed 25 February 2020).Google Scholar