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9 - Pivoting Away from the Rule of Law

Published online by Cambridge University Press:  24 March 2022

Wei Cui
Affiliation:
University of British Columbia, Vancouver
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Summary

This chapter explore some implications of the book for scholarship on Chinese law and politics. Many legal scholars speculate about whether China might adopt “rule by law” without embracing “rule of law.” This stylized discourse, however, assumes that the Chinese government is willing and able to implement “rule by law.” However, because coercive substitutes for the law are often available and preferred, even “rule by law” is optional, and discussions of rule of law norms are on even shakier grounds than legal scholars realize. I suggest that the economic and ideological contests between China and Western countries will increasingly depend not on who better represents the rule of law, but on who has more inclusive institutions. Should the Chinese government maintain its tax capacity and be willing to engage in redistributive social spending on the poor, its domestic legitimacy will strengthen. The book thus suggests that both policy makers and social scientists should pivot away from studying the Chinese state’s predilections for the rule of law and toward its capacity and willingness for inclusivity and redistribution.

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Publisher: Cambridge University Press
Print publication year: 2022

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  • Pivoting Away from the Rule of Law
  • Wei Cui, University of British Columbia, Vancouver
  • Book: The Administrative Foundations of the Chinese Fiscal State
  • Online publication: 24 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781108868648.010
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  • Pivoting Away from the Rule of Law
  • Wei Cui, University of British Columbia, Vancouver
  • Book: The Administrative Foundations of the Chinese Fiscal State
  • Online publication: 24 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781108868648.010
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Pivoting Away from the Rule of Law
  • Wei Cui, University of British Columbia, Vancouver
  • Book: The Administrative Foundations of the Chinese Fiscal State
  • Online publication: 24 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781108868648.010
Available formats
×