Publication date:
19 March 2015Length of book:
276 pagesPublisher
Rowman & Littlefield PublishersISBN-13: 9781442236165
This compelling book analyzes the rise of civil society and legal contentiousness in contemporary China. Scott Wilson examines how Chinese AIDS carriers and pollution victims, relying on weak laws and judicial institutions, pursue justice and protection of their rights in Chinese courts and civil society. In exploring the “politics of justice” in China, the author contends that civil society and legal rights advance when their organizers have support from pockets of the Chinese Communist Party, resources from international groups, and the backing of protesters. Even lawsuits that fail in the courts can raise societal consciousness of social issues and can lead to revised state policies to address the substantive claims of disadvantaged citizens. Underlying the politics of justice is the regime’s attempt to balance commitments to legal development and its interest in regime stability. Wilson argues that the Chinese state has looked more favorably upon pollution victims’ civil-society organizations and lawsuits than those of AIDS carriers. Going beyond the standard overviews of China’s legal system, Tigers without Teeth is unique in its close comparison of legal activism on two sensitive and politically relevant social issues. It provides important insights into the development of civil society, as well as highlighting limitations to the pursuit of justice as the system balances between the development of rule of law and regime stability.
Wilson examines the evolving relationship between civil society and the legal system of the People’s Republic of China since the mid-1990s. The work focuses on the pursuit of justice through the Chinese legal system by victims of environmental pollution and by HIV/AIDS carriers. Wilson’s analysis of the struggle of these two disadvantaged groups to organize, seek their day in court, and strengthen legal protections is well documented and insightful. His findings include national and local regulations that work against the formation of regional and national civil organizations, frequent court denial of hearings for cases with political implications, the privileged legal position of government-backed civil advocacy groups, legal statutes that are vague and without enforcement power, a political climate that prizes stability and order over justice and compensation, and societal orientations that favor arbitration over court proceedings. Still, Wilson presents a picture of a society witnessing a growing role for civil organizations and the legal profession in tempering the actions of government and party officials. This work is highly recommended for graduate level research collections on China, environmental law, health care law, and civil society. Summing Up: Highly recommended. Graduate, research, and professional collections.