Law as a Sword, Law as a Shield

What does the rule of law mean in the Chinese context? Based on empirical research in Beijing and Hong Kong, this article examines the various ways politically liberal lawyers in China make sense of the rule of law in their discourses and collective action. Although the rule of law is frequently invoked by lawyers as a legitimating discourse against the authoritarian state, its use in practice is primarily for instrumental purposes, as both a sword and a shield. For activist lawyers in Beijing, the pursuit of judicial independence is nothing but a distant dream involving a restructuring of the state, and they therefore focus their mobilisation for rule of law around basic legal freedoms and the growth of civil society. By contrast, Hong Kong lawyers hold the autonomy of their judiciary as a paramount value mainly because it is a powerful defensive weapon against Beijing’s political influence. The rule of law as a shield is only effective where its institutional and normative foundations are solid (as in Hong Kong), and it becomes little more than a blunt sword for lawyers where such foundations are weak or missing (as in mainland China)

Vilhelm Lundstedt’s ‘Legal Machinery’ and the Demise of Juristic Practice

This article aims to contribute to the academic debate on the general crisis faced by law schools and the legal professions by discussing why juristic practice is a matter of experience rather than knowledge. Through a critical contextualisation of Vilhelm Lundstedt’s thought under processes of globalisation and transnationalism, it is argued that the demise of the jurist’s function is related to law’s scientification as brought about by the metaphysical construction of reality. The suggested roadmap will in turn reveal that the current voiding of juristic practice and its teaching is part of the crisis regarding what makes us human