Authoritarian Legality in China
Law, Workers, and the State

This book examines Chinese workers' experiences and shows how disenchantment with the legal system drives workers from the courtroom to the streets.

Mary E. Gallagher (Author)

9781107444485, Cambridge University Press

Paperback / softback, published 7 September 2017

264 pages
22.7 x 15.1 x 1.6 cm, 0.39 kg

'Gallagher's book provides an invaluable guide to evaluating the impact of any new labor legislation that might be put forward. But the volume also has a broader reach. It should be of interest to any who are concerned with rule of/by law in China and the contradictions of autocratic governance more generally.' Manfred Elfstrom, Law & Social Inquiry

Can authoritarian regimes use democratic institutions to strengthen and solidify their rule? The Chinese government has legislated some of the most protective workplace laws in the world and opened up the judicial system to adjudicate workplace conflict, emboldening China's workers to use these laws. This book examines these patterns of legal mobilization, showing which workers are likely to avail themselves of these new protections and find them effective. Gallagher finds that workers with high levels of education are far more likely to claim these new rights and be satisfied with the results. However, many others, left disappointed with the large gap between law on the books and law in reality, reject the courtroom for the streets. Using workers' narratives, surveys, and case studies of protests, Gallagher argues that China's half-hearted attempt at rule of law construction undermines the stability of authoritarian rule. New workplace rights fuel workers' rising expectations, but a dysfunctional legal system drives many workers to more extreme options, including strikes, demonstrations and violence.

1. Authoritarian legality at work: workplace reform and China's urbanization
2. A theory of authoritarian legality
3. Fire alarms and fire fighters: institutional reforms legal mobilization at the Chinese workplace
4. By the book: legal mobilization as an educative process
5. Great expectations: the disparate effects of legal mobilization
6. The limits of authoritarian legality
7. Epilogue: requiem for the labor contract law?

Subject Areas: Political economy [KCP], Constitution: government & the state [JPHC]