LAW 4071 - Law Culture and Society in China

(crosslisted) CAPS 4071

Fall, spring. 4 credits. Student option grading.

Enrollment limited to: undergraduate students.

X. Yu.

What are the main obstacles on China’s road towards the Rule of Law? What is the role of law in combatting corruption, protecting human rights and facilitating economic development in China? How are traditional views of Confucianism and Legalism influencing modern Chinese institutions and individuals? This course examines these and other complex issues by employing interdisciplinary and comparative approaches, focusing on the interaction between legal, cultural and social phenomena: how law shapes culture and society and how forms of culture and social relations influence the modernization of law. The course is designed for undergraduate students who are interested in understanding contemporary China and Chinese law, especially the role of law in political, social and economic development.

The course has three parts. Part I serves as a general introduction to the study and understanding of law, culture and society. It first introduces a wide array of perspectives on law, society and the relations between law and society, and then looks into the interaction of major legal and social relations, including law and the individual, law and family, law and the economic growth, and law and the state. Part II offers a cross-cultural analysis of legal systems and the role of law in Chinese societies. Drawing on materials from legal systems of China, Hong Kong and the United States, it examines fundamental aspects of law and legal institutions, including legislative process, judicial behavior, conflict resolution mechanisms, and the nature and role of the legal profession. It also touches upon several discrete legal areas, including constitutional, civil, criminal, and administrative law. Part III provides an introductory discussion of selected areas to which law has been of increasing importance in China, such as the relation between law and the Internet, law and environment, and law, language and literature. No background knowledge in law or Chinese studies is required.