Date of this Version
December 20, 2008 in The China Beat http://www.thechinabeat.org/
As China ascends to its place as a leading nation on the world stage, questions have arisen concerning the role of its legal system. As Joseph Kahn noted in a feature article entitled Deep Flaws, and Little Justice, in China’s Court System, “Justice in China is swift but not sure.” Many protests in China today center on the issue of justice, with one blogger responding to the January 2008 fatal beating by parapolice officials of a man trying to videotape a protest by lamenting “Where is justice? Where is the law? Aren’t there any rules in China?”
My newest book, Divine Justice: Religion and the Development of Chinese Legal Culture (Routledge 2008) considers these issues by examining the ways in which religious beliefs and practices have contributed to the formation of Chinese legal culture. It does so by describing two forms of overlap between religion and the law: the ideology of justice and the performance of judicial rituals.
The former covers beliefs about how the gods intervene in human affairs in this life and the next in order to ensure the attainment of justice. Because this ideal is rarely realized in earthly courts, many people place their faith in underworld deities who have the power to pass judgment on both the living and the dead.
The latter extends to the realm of practice, and involves instances when men and women perform oaths, chicken-beheadings, and underworld indictments in order to enhance the legitimacy of their positions, deal with cases of perceived injustice, and resolve disputes.