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1. TOM HUTCHINS: CHINA IN 1956. +++ see Archive

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But now the onlything I can do is construction work. At least, the payment is good. The work waseasy, but the salary was only 2, yuan per month. It was too little! I barely can live onit, let along supporting my family. I had to come back to construction site. This is theonly way that I could earn more. In , a skilled plasterer could earn yuan per day, while anunskilled worker could make roughly yuan per day. Forinstance, in , in Hubei Province, the minimum income was only 1, yuan permonth. There are many principles in factories.

I get used to thefreedom in construction sites, and cannot bear those disciplines in factories. I am kind of addicted to it. It istoo exhausting, but I really enjoy the freedom. But I return to construction siteevery time. The methodology combines qualitative and quantitativeapproaches, with the qualitative approach mainly being oral history. Oral history researchis sometimes referred to as life history, personal narrative, self-report, memoir, testamentor testimony research, and storytelling.

This allows for theconstruction of heroes not just from among leaders, but also from the unknown majorityof the people. It helps the less privileged find dignity and self-confidence. Portelli emphasizesthat the interviewer must be aware that he or she is in a learning situation, and try toremain open.

Ibought a second-hand bike, and rode around the villages. I learned to give cigarettes tothe male residents with two hands when we met each other, which is a good way ofshowing respect in Xiaogan area. I learned to have meals with local residents on veryshort stools in their yards, without a table.

In short, I fully respected the population andtheir customs, and proactively listened to their experiences with great interest. Hence, the conclusions of thisstudy should be suggestive rather than definitive. The second limitation is the approach of recruitingparticipants.

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The intercept method may lead to the following drawbacks, includingself-selection, unweighted samples, and samples bias in friend-of-friend recruiting. All ofthese factors influence the validity of qualitative data collection. Another limitation of this study is the lack of female participants. I expected to find somefemale migrant construction workers. In my fieldwork, I learned that females are playingincreasingly important roles in the construction industry.

In some families in ShuangfengTown, couples work together on construction sites, sometimes with their young adultsons. There also have been an increasingnumber of skillful and strong Xiaogan female plasterers. For instance, in the firstPlasterer Festival of Xiaogan in , Nei Fengyun, a years-old Xiaogan woman wonthe first prize in the Plasterer Competition, ahead of all male competitors.

The first is the dramatic development of a formal legalsystem; the second is the explosion in the number of migrant workers. This chapter is comprised of three sections of background introduction and literaturereview. The first section discusses the theoretical aspects of this study.

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Theoretically,studies of legal culture overlap with social theories of law. This section also exploresthe example of legal transplant in Japan in order to demonstrate that the transplanted legalsystem has not successfully been integrated into Japanese society, given that Japan is stilldominated by traditional culture, oriented by Confucianism. The second section reviews the literature on the legal culture of China, including bothEnglish and Chinese sources.

It mainly focuses on resistance from the local culture andpolitical authorities to imported legal norms, such as the rule of law. It also elaborates thetraditional legal culture in imperial China, as well as the significant differences in legalculture between China and the West from an historical perspective. Finally, the lastsection reviews literature on internal migration in contemporary China. This sectionexplores contentious issues, both in English and Chinese literature, and argues that thelegal culture of migrant workers, especially of migrant construction workers, has thus farlacked comprehensive examination.

Sometransplants may not survive, or fail to grow, depending on the different social and culturalconditions in a certain society. He believes that legalhistory provides a better comprehension of legal development; hence, any theory of therelationship between law and society must rest on the detailed history of certain legalsystems. Oxford: OUPOxford, These two features makelaw integrally conventional. The law is a mirrorheld up against life.

It retains and affects existingvalues and institutions, and mirrors the social structure of a society.

Donaldson, , Book I, Ch. He highlights that legalsystems change rapidly according to their environments, especially in modern times. Theinfluence of society is overwhelming. Imported words areinevitably ascribed a different, local meaning; in turn, this produces a different rule. In David Nelken and Johannes Feest, supra n.

Hence, Ewald concludes that the notion that law reflects every need of a society isunreasonable. What is a successful legal transplant? According to Cotterrell, thetransplantation of positive rules is unproblematic; but, if we treat law as a living process,legal transplant will not succeed unless the imported rules have considerable influence onrelevant aspects of social life.

When exploring the theory and practice of legal transplanting, it is meaningful to explorethe case of legal transplantation in Japan.

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Same as China, the society of Japan had beendominated by the traditional culture oriented by Confucianism for many years. WhileJapan decided to adopt economic, social, and legal reform during Meiji Periond. Modernlegal system and codes have been transplanted from the Western world ever since.

Hence,Japan is often regarded as a successful example of legal transplant. The imported law has created a sense of inauthenticity. Although Japan isa highly industrialized society, Japanese people feel that the core of modern society ismissing, and that Japan lacks the vital features of modern society. Friedman predicts that it would not be essentially different. The law in Japan would not be stuck hopelessly in the past; on the contrary, it would haveadapted itself to the industrial society anyway, promptly. Much literature explores the resistance from the localculture and political authorities in China toward the imported legal norms of rule of law.

For instance, Potter explores the notion of law as instrument and punishment in ancient29 Ibid. According to Minzner, the CPC has relied more on political levers to reshape theChinese judiciary, and have nudged judges toward mediating, rather than adjudicating.

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These changes reflect that the CPC authorities are endorsing tighter control over thejudiciary, and are attempting to reduce the influence of the rule of law in the society. Minzner argues that these changes may have severe long-term influences in undermining31 Pitman B. It is difficult to draw a sharp distinctionbetween politics and law in the Chinese setting. According to Gasster, modernization is an ongoing process ofadjustment, moving toward modernity, but never actually reaching it. He highlights that most societies are mixtures of the modern and the traditional,not one or the other.

Law and Fair Work in China. London: Routledge, Wright ed. The premature and delicate political system was established in B. The first edition of this bookwas published in Beijing: Shang Wu Press, InChina, there has never been a religion like Christianity, and there has never beenopposition between spiritual and secular worlds.

The dominance of Confucianism in China made for a much greater role for moralism inboth governance and law. They find that the civil nature of law was mostly ignored, or was given only limitedattention within its penal format. Hence, the law in ancient China always worked in avertical direction, from the state down to the individual, rather than horizontal mechanicsbetween two entities.

Rights were not the interest of the law in imperial China. Such a legal system is devoid of the religiousbasis found in Western law. Their history mission in the modern era. The Fa doctrine posits that theauthority must rely on harsh rules and cruel punishment to govern a society. Hence, the law in imperial China emphasized the penalaspect of law.

Fa doctrine had its time of prominence in Chinese history, but wasovertaken by Confucianism from the Han Dynasty. The highly centralized politicalsystem built in China thousands of years ago required implicit morality and a strict familyethic as the basis of the social order, rather than explicit rules and regulations.

Toynbee highlights that Confucianism is a completely rationalpolitical and life philosophy. No matter whether they are givenopportunities by the authorities, gentlemen should never stop fostering their inwardmorality and virtues. This covers all institutions60 Tao, supra n. Gage eds.

London: OxfordUniversity Press, The three cardinalguides are as the followings: ruler guides subject, father guides son and husband guideswife. The five constant virtues include Ren kindness and generous , Yi upright andselfless , Li courtesy and rites , Zhi wisdom and knowledge , and Xin mutual trust andhonest.

After generations of reinforcement, theseConfucian norms and values are considered as the nature of human beings, and are deeplyembedded into Chinese society. Later, they softened their attitude andaccepted law begrudgingly as a necessary evil.

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It is even harder to remove suchinfluences. Due to the influence of this traditionallegal culture, the legal system in China also presents a preference for mediation overadjudication. However,recent scholarship on legal history in China has essentially challenged this view. Agents at all levels of society operated, negotiated,69 Liang, supra n. Macauleyexplores that despite the official condemnation, litigation masters and their practices werean integral part of the systemic order of formal dispute resolution in the late imperialperiod in China.

According to Zelin et al. Stanford, Calif: Stanford University Press, Ocko, and Robert Gardella.

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