Acceso usuarios
Zeming Liu
This Note examines China’s latest project of integrating the “Socialist Core Values” (SCVs)—an official set of moralistic social norms—into legal judgments. It argues that through this project, the Party-state is effectively imposing a new conception of what Chinese law is, according to which the contents of the SCVs are now conceived to be the normative core that grounds the entire Chinese legal system. Accordingly, the Chinese judiciary is now required to decide cases under the assumption that they must go beyond statutory language to “find” law that conforms to the SCVs. This new jurisprudence departs from legalism, which used to be China’s predominant model of legality for many years, and gives rise to a new model of authoritarian legality featuring the incorporation of the extralegal, moralistic social norms mandated by the authoritarian state into the contents of law itself. Overcoming the problems associated with legalism, this new model features a destabilized legal system that allows the authoritarian ruler to flexibly exercise its power in the name of law.
