The Good Lawyer: State-Led Professional Socialization in Contemporary China. Issue 1 (11th November 2019)

• Record Type: Journal Article
• Authors: Stern, Rachel E.; Liu, Lawrence J.
• Is Part Of: Law & social inquiry. Volume 45:Issue 1(2020)
• Page Start: 226
• Page End: 248
• Publication Date: 2019-11-11
• Subjects: Sociological jurisprudence -- Periodicals; 340.115
• DOI: 10.1017/lsi.2019.55
• Languages: English
• ISSNs: 0897-6546

Abstract

Abstract : How do authoritarian states define and communicate notions of appropriate work conduct and professional excellence? This article examines three channels of communication used by the Chinese state to signal professional expectations to the bar: the bar exam, the administrative rules governing lawyers, and the state-sanctioned National Outstanding Lawyer Award. We find that China's state narrative about "the good lawyer" celebrates lawyers willing to work closely with the authorities and asks more stringent critics to separate private beliefs from public behavior. In contrast to assumptions often made in research on authoritarian law, this article highlights how lawyers can participate in politics without opposing the regime and how much work goes into curating an appealing state strand of legal professionalism rather than relying on coercion alone. We end with a call for future work on "varieties of legal professionalism" to better understand which state signals are most visible and persuasive to different segments of the Chinese bar, as well as the conditions under which alternate ideas about professionalism gain traction.