Creating a Virtuous Leviathan
The Party, Law, and Socialist Core Values
Bibliographic Data
| ID | 3793158 |
|---|---|
| Authors | Delia Lin (0000-0002-9525-3638, The University of Melbourne), Susan Trevaske (0000-0002-1060-2182, Griffith University), Susan Trevaskes |
| Year | 2019 |
| Volume | 6 |
| Issue | 01 |
| Pages | 41-66 |
| Publication date | 2019-05-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Asian Journal of Law and Society (JOURNAL) |
| Journal identifiers | ISSN: 2052-9015 • E-ISSN: 2052-9023 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/als.2018.41 |
| OpenAlex | W2920394142 |
| Language | EN |
| Citations received | 16 |
| References cited | 13 |
In recent years, the Chinese Communist Party has declared that its governance must dominate over all aspects of law-making and enforcement, declaring that its leadership must be implemented across the entire process of governing the country in accordance with the law. Contemporaneous to this new way of thinking about the law-Party nexus is a propaganda push to integrate moral values into the law. This paper is about moralizing governance in the Xi Jinping era. It explores the ideology behind the promotion of this morals-law integration, focusing on the Socialist Core Values in the legal realm under the current Xi Jinping administration. We do so from two interrelated perspectives. The first examines the relationship between law and morality. Here, we argue that the Party's calls for a law-morality amalgam can be understood as a form of "pan-moralism." The second looks at the supremacy of Party rule, extending the theory of the "Leviathan" proposed by Thomas Hobbes to take into account the Party's morality push. This two-pronged argument enables us to assert that the Xi Jinping administration is creating a "virtuous Leviathan
Communism · Ideology · Law and economics · Morality · Political science · Politics · Public law · Rule of law · Sociology · Chinese history and philosophy · Law · Political Philosophy and Ethics · War, Ethics, and Justification
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Patriotic Nationalism as Commodity
Civilized cities or social credit? Overlap and tension between emergent governance infrastructures in China
Protecting society from itself
Citizenship formation in context
To Argue in a ‘Socialist’ and Moral Way
Towards Smarter and Fairer Justice? A Review of the Chinese Scholarship on Building Smart Courts and Automating Justice
Law Does Not Come Down From Heaven”
Moralization of law, heavy-penaltyism, and retributive justice
Pressures on Chinese Judges under Xi
The Judge as a Negotiator
Streets as Stages
What is the problem represented to be in China’s world-class university policy? A poststructural analysis
The modern manual of authoritarian leadership
Liability Beyond Law
What's going on with my China
| Unique citing works | 16 |
|---|---|
| Citations per year | 2,67 |
| Citation span | 2020 - 2026 (7) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 15 |