Adjudication in the Rhetorical Context of Chinese Ideological Speech
Bibliographic Data
| ID | 16860774 |
|---|---|
| Authors | Samuli Seppänen (0000-0001-6645-3895, Chinese University of Hong Kong, corresponding author) |
| Year | 2025 |
| Volume | 17 |
| Issue | 2 |
| Pages | 381-400 |
| Publication date | 2025-08-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Hague Journal on the Rule of Law (JOURNAL) |
| Journal identifiers | ISSN: 1876-4045 • E-ISSN: 1876-4053 |
| Publisher | Springer Science and Business Media LLC (PUBLISHER) |
| DOI | 10.1007/s40803-025-00250-x |
| OpenAlex | W4410742002 |
| Language | EN |
| Citations received | 1 |
| References cited | 17 |
Does recent Chinese ideological speech on the rule of law add anything new to Chinese legal reasoning and adjudication? This article argues that the significance of Chinese ideological speech is easier to appreciate when it is studied as rhetoric rather than as legal theoretical arguments or as policy concepts. Recent texts on the Chinese Communist Party’s rule of law ideology are mostly based on preexisting concepts of Chinese legal thought. From a conceptual perspective, these efforts may appear to have little bearing on adjudication in Chinese people’s courts. From the rhetorical perspective, however, the influence of Party ideology on Chinese legal reasoning and adjudication can be seen to emerge from the overall rhetorical context of the Chinese party-state. The result of this influence may be best theorized as an implicit ideological sensibility, which supports the changing priorities of the Chinese party-state. Rhetorical theory also facilitates comparisons between Chinese ideological advocacy efforts and the promotion of policy concepts in other organizations. This article finds a point of comparison for Chinese ideological advocacy in the promotion of the Human Rights-based Approaches to Development within the United Nations system. This comparison casts light on the motivations and challenges of ideological advocacy in organizational settings
Adjudication · Ideology · International law · Linguistics · Political science · Public international law · Rhetorical question · History · Judicial and Constitutional Studies · Law · Law in Society and Culture · Ombudsman and Human Rights · Philosophy
Political Thought of Xi Jinping
Organizational rhetoric
Power and Principle
Development as Freedom
Ships Passing in the Night
The Role of Law in the Transition of Societies
Formalism and anti-formalism in the Chinese Communist Party’s governance project
Pressures on Chinese Judges under Xi
The political function of narrative in organizations
Foreign Policy Implications for China’s “Foreign-Related ‘Rule of Law’”
The Transformation of State Socialist Rule of Law into Party-State Socialist Rule of Law in the Xi Jinping Era
Rhetoric of Motives
| Citations per year | 1 |
|---|---|
| Citation span | 2026 - 2026 (1) |
| Highly cited | No |