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3 China L. & Soc'y Rev. 1 (2018)

handle is hein.journals/clscy3 and id is 1 raw text is: CHINA LAW AND SOCIETY REVIEW 3 (2018) 1-48 CHINA LAW SOCIETY REVIEW BRILL brill.com/clsr The Party's Turn to Public Repression: An Analysis of the '709' Crackdown on Human Rights Lawyers in China Eva Pits Professor of law, King's College London Dickson Poon School of Law; affiliated researcher, NYU u.s.-Asia Law Institute eva.pils@kcLac.uk Abstract The intensified and more public repression of civil society in China is part of a global shift toward deepened and technologically smarter dictatorship. This article uses the example of the '709' government campaign against Chinese human rights lawyers to discuss this shift. It argues that the Party-State adopted more public and sophisticated forms of repression in reaction to smarter forms and techniques of human rights ad- vocacy. In contrast to liberal legal advocacy, however, the Party-State's authoritarian (or neo-totalitarian) propaganda is not bounded by rational argument. It can more fully exploit the potential of the political emotions it creates. Along with other forms of public repression, the crackdown indicates a rise of anti-liberal and anti-rationalist conceptions of law and governance and a return to the romanticisation of power. Keywords authoritarianism - China - human rights advocacy - political emotion - repression - resistance - totalitarianism I Reader in Transnational Law, King's College London; Non-resident Research Fellow, NYU u.s.-Asia Law Institute. The author would like to thank Terence Halliday, Benjamin Liebman, Aruna Nair, Joshua Rosenzweig, Marina Svensson and two anonymous reviewers for their very helpful comments on drafts of this paper. © KONINKLIJKE BRILL NV, LEIDEN, 2018 DOI 10.1163/25427466-00301001

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