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"Illiberal political societies come with varieties of labels - absolute monarchies, military dictatorships, authoritarian or totalitarian politics, Big Man regimes, or dual states. Yet they share key features in common - little or no restraint on arbitrary executive power, most especially as it is exercised through military, police and security apparatuses; law that is distorted and circumscribed and ultimately ineffectual in its protections of individuals and organizations offensive to the ruling power; little space for voices to speak freely about their rulers, their qualities of life, or their circumstances in times and places and organizations of their own choosing; severely constricted notions of rights-bearing citizens beyond those granted or withdrawn by the rulers themselves; and precariousness of property ownership, among others"--

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.

"This book offers an empirically grounded theory that reframes the study of law and society from a predominantly national context, which dichotomizes the study of international law and national compliance into a dynamic perspective that places national, international, and transnational lawmaking and practice within a coherent single frame. By presenting and elaborating on a new concept, transnational legal orders it offers an original approach to the emergence of legal orders beyond nation-states. It shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders. This original theory is applied and developed by distinguished scholars from North America and Europe in business law, regulatory law and human rights"--

Since the rise of the nation-state in the nineteenth century, constitutions have been seen as an embodiment of national values and identity. However, individuals, ideas, and institutions from abroad have always influenced constitutions, and so the process is better described as transnational. As cross-border interaction is increasing in intensity, a dominant transnational legal order for constitutions has emerged, with its own norms, guidelines and shared ideas. Yet both the process and substance of constitution-making are being contested in divergent and insurgent constitutional orders. Bringing together leading scholars from the United States, Europe, Latin America, and Asia, this volume addresses the actors, networks, norms and processes involved in constitution-making, as well as the related challenges, from a transnational and comparative perspective. Drawing from the research on transnational legal orders, this work explores and examines constitution-making in every region of the world.

What does the rule of law mean in the Chinese context? Based on empirical research in Beijing and Hong Kong, this article examines the various ways politically liberal lawyers in China make sense of the rule of law in their discourses and collective action. Although the rule of law is frequently invoked by lawyers as a legitimating discourse against the authoritarian state, its use in practice is primarily for instrumental purposes, as both a sword and a shield. For activist lawyers in Beijing, the pursuit of judicial independence is nothing but a distant dream involving a restructuring of the state, and they therefore focus their mobilisation for rule of law around basic legal freedoms and the growth of civil society. By contrast, Hong Kong lawyers hold the autonomy of their judiciary as a paramount value mainly because it is a powerful defensive weapon against Beijing's political influence. The rule of law as a shield is only effective where its institutional and normative foundations are solid (as in Hong Kong), and it becomes little more than a blunt sword for lawyers where such foundations are weak or missing (as in mainland China). (China Perspect/GIGA)