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Tigers without Teeth

The Pursuit of Justice in Contemporary China. State & Society in East Asia

By (author) Scott Wilson
Format: Hardback
Publisher: Rowman & Littlefield, Lanham, MD, United States
Published: 19th Mar 2015
Dimensions: w 152mm h 229mm d 19mm
Weight: 577g
ISBN-10: 1442236167
ISBN-13: 9781442236165
Barcode No: 9781442236165
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Synopsis
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.

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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. * CHOICE * This engagingly written book. . . .covers an impressive combination of topics for those interested in issues of justice within China's legal system, for HIV/AIDS carriers, and for environmental pollution victims. This well-researched book provides an in-depth analysis of the vulnerabilities in China's legal system. It is essential reading for anyone struggling to understand how the environmental pollution victims and HIV/AIDS carriers struggle for justice in China. * Social Justice Research * A must-read.... Wilson adds new depth to scholarship on modern China studies by presenting a detailed picture of Chinese civil society's struggle for legal justice in the last two decades. This book is unique in its in-depth analysis of the development of China's environmental law and health care law, so students and researchers...can find a great deal of first-hand data here.... A high-quality and well-written academic work that demands attention of anyone interested in the development of the legal system and civil society in China. * China Quarterly * Scott Wilson's book, Tigers without Teeth: The Pursuit of Justice in Contemporary China, is intellectual and accessible. This detailed analysis of the politics of law provides an important contribution to the study of law, political advocacy and the development of civil society in China. * Journal of Chinese Political Science * Scott Wilson's superb book provides a sophisticated analysis of the state of law and civil society development in contemporary China. Through a detailed study of HIV/AIDS NGOs and environmental NGOs, Wilson demonstrates with finesse the politics of justice in China. This is an important addition to the burgeoning field of study on law, civil society, and social change in China. -- Jude Howell, London School of Economics and Political Science A thought-provoking treatment of the 'politics of justice' in China that focuses on legal activism by pollution victims and HIV/AIDS carriers. Wilson skillfully yokes together litigation, protest, and activities by civil society groups to give us a fresh perspective on regime legitimacy, legal change, political advocacy, rights consciousness, and the delivery of social justice in China. -- Kevin J. O'Brien, University of California, Berkeley Wilson's important study takes readers inside the Chinese bureaucracy to help us understand why pollution victims fare better in court than HIV/AIDS carriers. Intelligent and highly readable, Tigers without Teeth captures the Janus-faced nature of China's legal development as well as the uneven rise of civil society. -- Rachel Stern, University of California Berkeley; author of Environmental Litigation in China: A Study in Political Ambivalence