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3 - Rule-of-Law Reform and the Rise of Rule by Fear in China

from Showcase of Authoritarian Legality and Its Potential Erosion

Published online by Cambridge University Press:  14 July 2020

Weitseng Chen
Affiliation:
National University of Singapore
Hualing Fu
Affiliation:
The University of Hong Kong
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Summary

The chapter argues that the use of fear techniques as a tool of authoritarian governance is central to the reconception of law on anti-liberal and anti-rationalist terms in China’s Xi Jinping era. The changes discussed here impede attempts to continue the legal reform process that began under Deng Xiaoping. To the extent that rule by fear is inherent to authoritarian governance, developments in China expose tensions within the wider project of authoritarian legality and call its chances of success into question. These developments pose challenges to a global community more widely struggling with democratic–liberal decline and authoritarian resurgence. Yet, the Chinese example also indicates that rule by fear is itself prone to challenges from a thus far resilient civil society.

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Chapter
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Authoritarian Legality in Asia
Formation, Development and Transition
, pp. 90 - 113
Publisher: Cambridge University Press
Print publication year: 2020

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