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Authoritarian Legality in China - Law, Workers, and the State (Paperback)
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Authoritarian Legality in China - Law, Workers, and the State (Paperback)
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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.
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