Above the Roof, Beneath the Law

Perceived Justice behind Disruptive Tactics of Migrant Wage Claimants in China

Bibliographic Data

ID4084618
AuthorsXin He (0000-0002-9814-1666, City University of Hong Kong), Lungang Wang (City University of Hong Kong), Wang Lun-Gang, Yang Su (0000-0002-2871-6671, City University of Hong Kong)
Year2013
Volume47
Issue4
Pages703-738
Publication date2013-12-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueLaw & Society Review (JOURNAL)
Journal identifiersISSN: 0023-9216 • E-ISSN: 1540-5893
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1111/lasr.12043
OpenAlexW3123749112
LanguageEN
Citations received33
References cited34

The way in which citizens in developing countries conceptualize legality is a critical but understudied question for legal consciousness and legal mobilization studies. Drawing on participatory observations and extensive interviews from western China, this article explores the subjective interpretations of migrant wage claimants on law and justice behind their disruptive actions. Their perception of justice differs starkly from what the law stipulates as target, evidence and proper procedures. Who shall be held responsible? What constitutes evidence? When shall they be paid? How much? Their perceptions also differ from the attitude "against the law" found among members from disadvantaged social groups in the United States. The Chinese case of legal perception is shaped by the moral precepts ingrained in the culture, and more importantly, by the lopsided relationship between migrant workers and the political and business elite. It thus points to the daunting barriers in channeling the ever-growing number of social conflicts into court

China · Criminology · Disadvantaged · Economic Justice · Legal culture · Perception · Political science · Politics · Principle of legality · Sociology · Asian Geopolitics and Ethnography · China's Socioeconomic Reforms and Governance · Labor Movements and Unions · Law · Psychology

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