'Wrong' cases and 'wrong' plaintiffs: intergenerational relationships and legal consciousness in China. (6th March 2023)

• Record Type: Journal Article
• Authors: LIU, QIAN
• Is Part Of: Journal of law and society. Volume 50:Number 1(2023)
• Page Start: 39
• Page End: 58
• Publication Date: 2023-03-06
• Subjects: Sociological jurisprudence -- Periodicals; 340
• DOI: 10.1111/jols.12409
• Languages: English
• ISSNs: 0263-323X

Abstract

Abstract: Legal consciousness is not a monolithic concept even in the minds of individual actors. Invoking the law is sometimes viewed positively and at other times not. My study reveals that ordinary people in China consider lawsuits seeking divorce to be acceptable but strongly disapprove of lawsuits seeking intergenerational support. My detailed analysis of this sharp contrast suggests that people consider legal mobilization favourably when claims are brought by the 'right' people in the 'right' cases, but that they bitterly oppose it when the 'wrong' people bring the 'wrong' kinds of cases. In this article, I explain how these categories of 'right' and 'wrong' legal claims and plaintiffs come into being and how they shape the legal consciousness of potential litigants in China.