How can the law be employed pragmatically to facilitate development and underpin illiberal principles? The case of contemporary China shows that the law plays an increasingly important role in the country's illiberal approach to both domestic and China-related global affairs, which has posed intellectual challenges in understanding it with reference to conventional, Western legal concepts and theories. This book provides a systematic exploration of the sources of Chinese law as pragmatically reconfigured in context, aiming to fill the gap between written and practised law. In combination with fieldwork investigations, it conceptualises various formal and informal laws, including the Constitution, congressional statutes, supreme court interpretations, judicial documents, guiding cases and judicial precedents. Moreover, it engages a theoretical analysis of legal instrumentalism, illuminating how and why the law works as an instrument for authoritarian legality in China, with international reflections on other comparable regimes.

‘… an excellent addition to the existing scholarship in transitional justice, authoritarian legality, and Chinese law … Recommended.’

Z. Ni Source: Choice

‘… the book makes a significant contribution to the field of Chinese law. Apart from addressing scholars of Chinese and comparative law, the book makes excellent reading for students of law or Chinese studies taking an introductory course in Chinese law.’

Björn Ahl Source: China Quarterly

‘… a well-informed, in-depth exploration of the sources of Chinese law and offers rich food for thought on these and other questions in the world of Chinese legal studies.’

Donald C. Clarke Source: Asian Journal of Comparative Law