Author: Haiyan Lee

Publisher: University of Chicago Press

Published: 2023-06-05

Total Pages: 351

ISBN-13: 0226825256

"China has an image as a realm of Oriental despotism where law is at best window-dressing and at worst an instrument of coercion and tyranny. The rule of law seems an elusive ideal in the face of entrenched obstacles baked, as it were, into China's cultural and political DNA. In this highly original contribution to the interdisciplinary field of law and humanities, Haiyan Lee contends that this image arises from an ahistorical understanding of China's political-legal tradition, particularly the failure to distinguish what she calls high justice and low justice. Lee argues that the liberal (and, so to speak, horizontal) conception of justice as fairness is quite different from the Chinese understanding of law. In the Chinese legal imagination, she shows, justice is a vertical concept, with low justice between individuals firmly subordinated to the high justice of the state. China's political-legal culture mistrusts law's ability to deliver justice and privileges moral over procedural justice. Lee shows that Chinese literature and film invariably dramatize the relationship between law and morality in ways that emphasize law's concession to moral sentiments and the triumph of moral justice through the discretion of a sagacious judge or the defiance of a vigilante hero. As China rises to global superpower status, its conception of justice can no longer be treated as a pale, floundering, and negligible sideshow to the legal drama of defending liberty and upholding human rights in the West. Lee's book helps us recognize the fight for justice outside the familiar arenas of liberal democracy and in terms other than those furnished by the rule of law"--