Public lecture: A Theoretical Outline of Transformative Justice in China
29 November 2010
The University of Sydney Confucius Institute in collaboration with the Faculty of Arts and the Institute of Social Sciences presents a public lecture on the distinctive phenomenon of Qingli in Chinese law.
In this lecture, Dr Daniel Lin will argue that Qingli (perhaps best translated as "commonsense") represents a conception of transformative justice, in the sense that it can play a role in transforming and making flexible legal rules, principles, or texts, when hardship occurs during their rigid application.
It follows two propositions: (1) when law encounters or engenders difficulty during its legislation, application or interpretation, certain non-positive legal, universal rules will have to be introduced in order to make flexible the rigidity of written law; (2) the solution is a transformative application of legal rules, rather than adherence to a literal reading of legal texts. This tentative theorisation is starting from a Hartian descriptive methodology, without reference to the normative content of particular laws or contexts. With its focus on patching up interpersonal relationships, Qingli may even provide a cure for our alienated post-contractarian world.
Dr. Daniel Lin (Lin Xi) received his doctorate from the London School of Economics in 2008. Currently a research fellow at the Institute for Advanced Studies in the Social Sciences at Fudan University, he is also a Visiting Researcher in the China in Comparative Perspective Network (CCPN), London School of Economics. Dr. Lin has taught at the London School of Economics, SOAS, and the European Research Centre, Renmin University of China. His main research interests include jurisprudence, comparative politics and anthropology.
When: Tuesday 7 December
Where: New Law Building, Lecture Theatre 026