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21 Global Jurist 1 (2021)

handle is hein.journals/globjur21 and id is 1 raw text is: Ugo Mattei, Liu Guanghua and Emanuele Ariano* The Chinese Advantage in Emergency Law https://doi.org/10.1515/g-2020-0032 Published online August 3, 2020 Abstract: This Article has a twofold purpose. On the one hand, it offers compar- ative materials for an informed discussion of COVID-determined emergency law in China and Italy by assessing its normative implications and political genealogy. On the other hand, it explores the essential contiguity between the 'state of exception' triggered by the pandemic and the possible geopolitical shifts in global legal hegemony in the actual phase of surveillance capitalism which is witnessing a decline of law as a form of social organization and its replacement by the pre- dictive models elaborated by technology. In this respect, the traditional Western iconography has long described the Chinese legal tradition as a law without law, a despotic regime with intrusive population surveillance whose distance from the Western paradigm is deemed almost unbridgeable. And yet the legal response to coronavirus both in Europe and in the U.S. somewhat replicates the allegedly distant Chinese model in terms of restrictions and surveillance mechanisms which are being deployed to counter the crisis in the face of a formal commitment to the rule of law. This Article concludes that the emerging pre-eminence of the rule of technology over the rule of law in a critical event of historic proportions like a pandemic should and will set the future agenda of comparative studies in a double direction. On the one hand it calls for a truly critical reconsideration of role of law in society which in turn impels to rethink the hold of the liberal constitutional model and the obsolescence of traditional legal taxonomies. On the other hand, it The Article is the outcome of authors' conversations. However, Ugo Mattei drafted Sections l and 4; Liu Guanghua Section 2.1; Emanuele Ariano Sections 2.2 and 3. The Authors are grateful to Collegio Carlo Alberto for general funding of this research project. *Corresponding author: Emanuele Ariano, Faculty Member and Deputy Academic Coordinator, International University College of Turin, Turin, Italy; and Research Fellow, Bocconi University, Milan, Italy, E-mail: emaonair@gmail.com Ugo Mattel: Distinguished Professor of Law and Alfred and Hanna Fromm Chair in International and Comparative Law, U.C. Hastings, San Francisco, USA; Professor of Civil Law, University of Turin, Turin, Italy; and Fellow of Collegio Carlo Alberto and Academic Coordinator, International University College of Turin, Turin, Italy Liu Guanghua: Professor of Law, University of Lanzhou, Lanzhou, China; and Director of the Center for Italy Studies, Lanzhou University, Lanzhou, China, supported by the Fundamental Research Funds for the Central Universities of Lanzhou University and the National and Regional Research Project of Ministry of Education Global jurist 2021; 21(1): 1-58 DE GRUYTER

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