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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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