This paper analyses how the interaction of law and qing (情) shapes ordinary Chinese people’s legal consciousness. Ordinary Chinese people rely on qing, or the normal feelings, or attitudes of the public, to judge whether a particular law is just and how they should react to the law. By investigating Chinese leftover women’s legal consciousness regarding marriage and childbearing, this article has developed a theory to discuss Chinese people’s different forms of legal consciousness either when the law is in opposition to qing or when it is in alliance with qing. I argue that these variations of legal consciousness result from the dynamic relationship between qing and different types and levels of legality, including state law.
This study analyses the legal consciousness of Chinese citizens during the COVID‐19 pandemic when the authoritarian state invoked heavy penalties to deter noncompliance with its excessive COVID‐19 restrictions. China used the approach of “killing the chicken to scare the monkey,” publicly punishing those who violated restrictions in order to deter noncompliance. This article explains why ordinary citizens supported this selective application of the law, as well as how the possibility of being the “chicken” contributed to their compliance (or noncompliance) with excessive COVID‐19 restrictions. It suggests that the uncertainty and unpredictability of law in the authoritarian state bred fear, which then led to compliance, regardless of the lack of procedural fairness. People's dissatisfaction with the rules, however, led them to tolerate and even support the noncompliance of people they trusted.
This article draws from a qualitative study of people's responses to China's population control policies to analyze the relational formation of legal consciousness within and across different types of relationships. It demonstrates that our expectations of others and theirs of us regarding how to respond to law change significantly when we situate ourselves in different types of relationships. The fluid boundaries of relationships in Chinese society also make it essential to think and plan relationally and holistically across different types of relationships to come up with strategies to resist or comply with the law. During this process of relational formation of legal consciousness, law interacts with and reshapes social norms to determine the (un)availability of alternative mechanisms based on the individual's social and financial status.
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