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This compelling book analyzes the rise of civil society and legal contentiousness in contemporary China. Scott Wilson examines how Chinese AIDS carriers and pollution victims, relying on weak laws and judicial institutions, pursue justice and protection of their rights in Chinese courts and civil society. In exploring the "politics of justice" in China, the author contends that civil society and legal rights advance when their organizers have support from pockets of the Chinese Communist Party, resources from international groups, and the backing of protesters. Even lawsuits that fail in the…mehr
This compelling book analyzes the rise of civil society and legal contentiousness in contemporary China. Scott Wilson examines how Chinese AIDS carriers and pollution victims, relying on weak laws and judicial institutions, pursue justice and protection of their rights in Chinese courts and civil society. In exploring the "politics of justice" in China, the author contends that civil society and legal rights advance when their organizers have support from pockets of the Chinese Communist Party, resources from international groups, and the backing of protesters. Even lawsuits that fail in the courts can raise societal consciousness of social issues and can lead to revised state policies to address the substantive claims of disadvantaged citizens. Underlying the politics of justice is the regime's attempt to balance commitments to legal development and its interest in regime stability. Wilson argues that the Chinese state has looked more favorably upon pollution victims' civil-society organizations and lawsuits than those of AIDS carriers. Going beyond the standard overviews of China's legal system, Tigers without Teeth is unique in its close comparison of legal activism on two sensitive and politically relevant social issues. It provides important insights into the development of civil society, as well as highlighting limitations to the pursuit of justice as the system balances between the development of rule of law and regime stability.
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Autorenporträt
Scott Wilson is a former marketer, entrepreneur, and writer with a profound passion for geopolitics. He tries to write provocative satire about global affairs: China's ascent, America's tumble, and Australia's quiet significance in the superpower showdown. The Bowman Standard is his debut novel about energy security. Scott lives on the Mornington Peninsula with his wife and two children. When not writing, he prefers to be on a mountain, in the ocean, or engrossed in The Economist. He likes chatting too, and can be found on X or Gmail: @AuthorSFWilson.
Inhaltsangabe
Preface List of Acronyms List of Tables 1 Introduction: "Tigers without Teeth?" Dilemmas of Rule of Law and Civil Society in Nondemocratic Regimes Challenges to the Pursuit of Legal Justice Why Study Environmental Pollution Victims and HIV/AIDS Carriers? Linking Civil Society Development, Litigation, and Rule of Law Understanding the Divergent State Responses to Looming Crises A Look Ahead Notes 2 State Management of Civil Society and the Judiciary Contending Approaches to Chinese Civil Society Civil Society and the Judiciary as Arenas of Contestation Categories of Civil Society Organizations and Registration Rules Sources of Civil Society Organization Autonomy Regulatory Changes and Control over Civil Society Organizations UNAIDS and the Rift with China's State over the Global Fund China's Judiciary Party and State Influence over the Courts Sources of Judicial Autonomy Civil Society and Reining in Cause Lawyers Conclusion: China's State in the Trenches Notes 3 The Development of China's Environmental and HIV/AIDS Crises Institutions and Epidemics in China Marketization and Globalization Legislation and Stigmatization Ministry of Health The Spread of HIV/AIDS in China Institutional Origins of China's Environmental Crisis Environmental Regulations Economic Institutions The Environmental Protection Bureaucracy 7 China's Environmental Decline 7 The Mao Era (1949-1978) 7 The Post-Mao Era (1978-Present) Conclusion: Institutional Origins and Responses to Crises Notes 4 Civil Society Responses to HIV/AIDS and Environmental Pollution The Development of HIV/AIDS Organizations SARS Crisis China CARES Program Limits to State-Centered Approaches to HIV/AIDS International Efforts to Empower Chinese AIDS Groups and Their Limits Chinese Grassroots NGOs-Bounded Autonomy A Fractured Civil Society: China's HIV/AIDS Organizations Environmental Civil Society Groups Emergence of Environmental Civil Society Groups Environmental Legal Aid Groups The Politics of Civil Society Development and Legal Aid Notes 115 5 HIV/AIDS Carriers Settling for Discrimination Legal and Regulatory Context of HIV/AIDS Carriers' Rights State Attempts to Keep HIV/AIDS Social Conflict Out of the Courts Discrimination against HIV/AIDS Carriers Discrimination and the Right to Health Care Discrimination and Health Insurance Employment Discrimination Compensation for Contracting HIV/AIDS from the Mishandling of the Blood Supply "We Cannot Control Our Anger Anymore" Conclusion: Settling for Discrimination? Notes 6 Litigating for Pollution Victims' Rights Development of Chinese Environmental Laws and Regulations Development of Environmental Litigation in China Joint Litigation Health Damages Right to Know Halting Pollution Violations Efforts to Improve Implementation of Environmental Regulations "Scientific Development," "Harmonious Society," and Litigation Notes 7 Who May Defend the "Public Interest"? The Legal Basis of Chinese Environmental Public Interest Litigation The Slow Development of Environmental Public Interest Litigation Law Revisions and Environmental Public Interest Litigation GONGO Leadership of Public Interest Litigation and Societal Quiescence Courts and the Politics of Environmental Adjudication Representing the Public Interest: Citizen-State Struggles in Civil Society Notes 8 Conclusion: Helping Tigers Grow Teeth Factors Propelling Rights Protection in China International Funding and Linkages Mobilization of Protest and Media Litigation Regime Allies Obstacles to Rights-Based Contention Uneven and Fragmented Civil Society Decentralized and Fractured Bureaucracy and Judiciary Is a Rights Revolution Incompatible with Regime Maintenance? Notes Interview List Bibliography Chinese Language Sources About the Author
Preface List of Acronyms List of Tables 1 Introduction: "Tigers without Teeth?" Dilemmas of Rule of Law and Civil Society in Nondemocratic Regimes Challenges to the Pursuit of Legal Justice Why Study Environmental Pollution Victims and HIV/AIDS Carriers? Linking Civil Society Development, Litigation, and Rule of Law Understanding the Divergent State Responses to Looming Crises A Look Ahead Notes 2 State Management of Civil Society and the Judiciary Contending Approaches to Chinese Civil Society Civil Society and the Judiciary as Arenas of Contestation Categories of Civil Society Organizations and Registration Rules Sources of Civil Society Organization Autonomy Regulatory Changes and Control over Civil Society Organizations UNAIDS and the Rift with China's State over the Global Fund China's Judiciary Party and State Influence over the Courts Sources of Judicial Autonomy Civil Society and Reining in Cause Lawyers Conclusion: China's State in the Trenches Notes 3 The Development of China's Environmental and HIV/AIDS Crises Institutions and Epidemics in China Marketization and Globalization Legislation and Stigmatization Ministry of Health The Spread of HIV/AIDS in China Institutional Origins of China's Environmental Crisis Environmental Regulations Economic Institutions The Environmental Protection Bureaucracy 7 China's Environmental Decline 7 The Mao Era (1949-1978) 7 The Post-Mao Era (1978-Present) Conclusion: Institutional Origins and Responses to Crises Notes 4 Civil Society Responses to HIV/AIDS and Environmental Pollution The Development of HIV/AIDS Organizations SARS Crisis China CARES Program Limits to State-Centered Approaches to HIV/AIDS International Efforts to Empower Chinese AIDS Groups and Their Limits Chinese Grassroots NGOs-Bounded Autonomy A Fractured Civil Society: China's HIV/AIDS Organizations Environmental Civil Society Groups Emergence of Environmental Civil Society Groups Environmental Legal Aid Groups The Politics of Civil Society Development and Legal Aid Notes 115 5 HIV/AIDS Carriers Settling for Discrimination Legal and Regulatory Context of HIV/AIDS Carriers' Rights State Attempts to Keep HIV/AIDS Social Conflict Out of the Courts Discrimination against HIV/AIDS Carriers Discrimination and the Right to Health Care Discrimination and Health Insurance Employment Discrimination Compensation for Contracting HIV/AIDS from the Mishandling of the Blood Supply "We Cannot Control Our Anger Anymore" Conclusion: Settling for Discrimination? Notes 6 Litigating for Pollution Victims' Rights Development of Chinese Environmental Laws and Regulations Development of Environmental Litigation in China Joint Litigation Health Damages Right to Know Halting Pollution Violations Efforts to Improve Implementation of Environmental Regulations "Scientific Development," "Harmonious Society," and Litigation Notes 7 Who May Defend the "Public Interest"? The Legal Basis of Chinese Environmental Public Interest Litigation The Slow Development of Environmental Public Interest Litigation Law Revisions and Environmental Public Interest Litigation GONGO Leadership of Public Interest Litigation and Societal Quiescence Courts and the Politics of Environmental Adjudication Representing the Public Interest: Citizen-State Struggles in Civil Society Notes 8 Conclusion: Helping Tigers Grow Teeth Factors Propelling Rights Protection in China International Funding and Linkages Mobilization of Protest and Media Litigation Regime Allies Obstacles to Rights-Based Contention Uneven and Fragmented Civil Society Decentralized and Fractured Bureaucracy and Judiciary Is a Rights Revolution Incompatible with Regime Maintenance? Notes Interview List Bibliography Chinese Language Sources About the Author
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