Challenging Western Legal Orientalism
A Comparative Analysis of Chinese Municipal Social Credit Systems
In: European Journal of Comparative Law and GovernanceSearch for other papers by Marta Infantino in
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Search for other papers by Weiwei Wang in
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Abstract
In 2014 the Chinese State Council announced the establishment of a nationwide comprehensive social credit system. Western narratives often describe the initiative as a technologically enhanced tool of autocratic control for scoring people. Yet, as the paper aims to show, similar accounts are tainted by several misunderstandings which perpetuate Western orientalist postures towards Chinese law.
For the purpose of comparatively assessing the Chinese social credit system, the paper analyses the pilot programs set up to monitor people and enterprises’ behaviour by twenty-eight Chinese cities. The analysis will demonstrate that these pilot programs rely on low-tech methodologies, have limited strings attached, and are based on a relatively transparent legal framework. From a comparative perspective, our findings suggest that Chinese cities’ experiments raise problems that are similar to those posed by measurement practices widely employed in the West.
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| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 1386 | 146 | 16 |
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Challenging Western Legal Orientalism
A Comparative Analysis of Chinese Municipal Social Credit Systems
In: European Journal of Comparative Law and GovernanceSearch for other papers by Marta Infantino in
Current site
Google Scholar
PubMed
Search for other papers by Weiwei Wang in
Current site
Google Scholar
PubMed
Abstract
In 2014 the Chinese State Council announced the establishment of a nationwide comprehensive social credit system. Western narratives often describe the initiative as a technologically enhanced tool of autocratic control for scoring people. Yet, as the paper aims to show, similar accounts are tainted by several misunderstandings which perpetuate Western orientalist postures towards Chinese law.
For the purpose of comparatively assessing the Chinese social credit system, the paper analyses the pilot programs set up to monitor people and enterprises’ behaviour by twenty-eight Chinese cities. The analysis will demonstrate that these pilot programs rely on low-tech methodologies, have limited strings attached, and are based on a relatively transparent legal framework. From a comparative perspective, our findings suggest that Chinese cities’ experiments raise problems that are similar to those posed by measurement practices widely employed in the West.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 1386 | 146 | 16 |
| Full Text Views | 115 | 21 | 0 |
| PDF Views & Downloads | 269 | 43 | 0 |