China’s Dead Laws: Why Justice Remains Elusive || Digging into China

China’s Dead Laws: Why Justice Remains Elusive

This narration explores why a society lacks the rule of law, despite having a comprehensive legal system. It delves into the disconnect between laws and people, emphasizing that the rule of law requires laws to be society’s universal standard, ensuring fairness and justice. Drawing on Rudolph von Jhering’s purposive jurisprudence, it highlights the law as a manifestation of power and rights, born from struggle. Jhering’s concept of the “feeling of legal rights” underscores that spiritual pain from violated dignity drives legal defense. Without this, laws become obsolete, as seen in Roman legal tradition (desuetudo). Authoritarianism suppresses this feeling, undermining private rights. True lawmaking lies in practicing justice, not mere theory. The absence of struggle and emotional connection to laws renders them “dead,” highlighting the need for active engagement to foster a society governed by the rule of law.

0:00 Intro
0:26 The Puzzle of China’s Missing Rule of Law
0:49 Defining the Rule of Law’s Essence
1:38 Jhering’s Vision: Law as Dignity’s Guardian
2:36 The Roots of Legal Thought: Natural and Historical Schools
5:28 Law as Power: The Struggle for Rights
7:06 The Feeling of Legal Rights: Pain and Passion
11:12 Desuetudo: When Laws Expire Unused
13:00 Numbness and Authoritarianism: China’s Legal Tragedy
13:43 Misplacing Blame: Power vs. Law’s Decline
14:57 Authoritarianism’s Hidden Roots: Suppressing Rights
16:18 Dead Laws and Distant Hopes: China’s Legal Future

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