Suchergebnisse

This article presents a sociological perspective on understanding rights in China, examining the interplay between multiple myths of rights, rights abuses, and the politics of rights within various social and physical spaces. It highlights competing myths of rights held by the state, ordinary citizens, rights activists, and legal professionals. The article examines how rights abuses contribute to rights consciousness and mobilization across different human rights domains in a repressive political context. By analyzing the politics of rights in interconnected spaces, such as the street, the legal system, the global arena, and cyberspace, it emphasizes the importance of continuous engagement between domestic and overseas actors in shaping China's human rights future. The article encourages social science researchers to thoroughly examine the myths, abuses, and politics of rights before making normative judgments about China's human rights conditions.

AbstractThis article develops a relational explanation for judicial corruption, namely, a spatial theory of institutional proximity, to complement existing behavioral and institutional approaches. Institutional proximity refers to the spatial proximity between adjacent political or social institutions, including courts. This proximity can be a result of political or administrative regulations, workplace interactions, or the mobility of individual actors between them. Linking ecologies and space travelers are two key spatial mechanisms through which institutional proximity enables judicial corruption. They pave the pathways of judicial corruption, that is, how corrupt transactions and related social interactions are facilitated by and communicated through institutions adjacent to the court. The theory is operationalized in the context of Chinese courts and the various pathways of judicial corruption are exemplified through a number of publicly reported cases in China.

AbstractExisting scholarship of China's legal institutions has primarily focused
on individual institutions, such as the court, the police, or the legal
profession. This article proposes a relational approach to the study of
political-legal institutions in China. To understand the order and exercise of
power by various political-legal institutions, the relational approach
emphasizes the spatial positions of actors or institutions (the police, courts,
lawyers, etc.) within the broader political-legal system and their mutual
interactions. We suggest that the changing ideas of the Chinese leadership about
the role of law as an instrument of governance have shaped the relations between
various legal and political institutions. The interactions of these
political-legal institutions (e.g. the "iron triangle" of the
police, the court and the procuracy) further reveal the dynamics of power
relations at work.

This article offers a theoretical comparison between field and ecology, as developed by Pierre Bourdieu and the Chicago School of sociology. While field theory and ecological theory share similar conceptualizations of actors, positions, and relations, and while they converge in their views on structural isomorphism, temporality, and social psychology, they are quite different on several other scores: power and inequality, endogeneity, heterogeneity, metaphorical sources, and abstraction. With a fine-grained comparison of the two approaches, this article provides the basis for a continuous dialogue among social theorists and empirical researchers regarding the nature of social space, its structural and processual composition, and how it changes over time.

AbstractHow 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.

AbstractThis article develops an ecological theory that shifts the paradigm of professional mobilization from causes to relational spaces. It analyzes different species of activist professionals by locating them in an ecology of activism and examining how collective action emerges from their boundary work with the ecology's increasing density and consolidation. It empirically grounds the theory by explaining the political activism of Chinese lawyers in the early twenty‐first century and how it led to a government crackdown in 2015. Using interviews, online ethnography, and archival data collected from 2005 to 2017, the research demonstrates that Chinese lawyers' political mobilization has experienced three stages: (1) vacancy and isolation (2000–2007), (2) spatial consolidation (2008–2011), and (3) boundary work (2011–2015). The study has implications for theories of social space and for understanding professional mobilization in authoritarian contexts and beyond.

AbstractThis article examines the production of corporate legal elite through a systematic analysis of the profiles of the first three cohorts of partners in nine elite corporate law firms in Beijing. We argue that the social production of the Chinese corporate legal elite is primarily an outcome of domestic social factors rather than international factors. It is characterized by local elite recruitment from elite universities and endogenous elite circulation within the Red Circle firms. International credentials and work experience come only secondary to education and work experience in elite Chinese law schools and law firms for achieving elite status in the profession. Yet, international experience plays a role in promoting gender equality in elite professional service firms. This article contributes to the study of globalization and elite production in professional service firms by investigating how local and global forces manifest themselves in elite production in a major emerging market.