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How do state authorities cope with popular contention under authoritarian legality? Based on ethnographic fieldwork and legal repression cases in China, this article highlights that conflicting rules and signals regarding contention management can impose considerable pressure on governments and motivate them to respond cautiously, even though the prevailing rhetoric of law-based governance provides a convenient basis on which authorities can legitimize their coercive actions. This study further theorizes a discreet pattern of government reaction under authoritarian legality – progressive legal repression – that rests on bureaucratic processing to overcome political uncertainty and lower potential risks before formally employing criminal sanctions to achieve domination. Instead of directly using criminal penalties to deter unruly protesters and potential dissenters, the preferred state action is to induce them to engage in available legal-bureaucratic procedures. By reconceptualizing protesters’ claims and behaviour as unreasonable and signalling fulfilment of responsibilities, bureaucratic practices help officials to reduce the risks of damaging their political image and receiving disciplinary action, encouraging them to deploy legal repression. This study reveals more complicated dynamics of state repression under authoritarian legality and emphasizes the important effects of procedural practices on governmental responses and the regime's stability.
Using a detailed case study of house eviction in peri-urban China as well as original data from an online survey experiment, this article explores the opportunistic bargaining phenomenon in China in which citizens leverage the policy priorities of authorities with tactics that are not approved by the state to bargain for goals beyond those promised by the state. We find that opportunistic bargaining is widely accepted by Chinese citizens and that such an inclination is encouraged by successful precedents and clear signals of an opening through which to leverage government policy priorities; however, it is dampened by unclear signals and failed precedents. We also find that opportunistic bargainers tend to hold more negative perceptions of the current regime and are less likely to abide by state rules or social norms. The characteristics of opportunistic bargaining appear to be the opposite of the dominant “rightful resistance” framework.
Stipulated by the provisional “Organic Law of Village Committees” promulgated in 1987, village elections are an institutional practice by which, every three years, villagers elect or reelect members of the village committee – the governing body of their village. Both in form and in practice, village elections are an institution associated with a set of clearly specified rules, procedures, and expectations regarding both the election process and the functioning of the elected village committee. During the two decades between the 1990s and 2000s, village elections evolved through intensive interactions among multiple actors, involving state policies, local governments, and villagers. There have been a large number of studies on this topic (He 2007, Manion 2006, O’Brien and Li 2000, O’Brien and Han 2009, Perry and Goldman 2007, Shi 1999). The emergence of village elections in rural China presents a fascinating case for understanding how different institutions work and change in relation to one another, especially how over time state policies and the evolving role of local governments interact with villagers in the process of rural governance.
Previous chapters empirically established the fact that Korea’s development state had been notoriously hostile to labour unions while disciplining chaebols, by suppressing labour movements forcibly and punishing chaebol families who failed to comply to the state’s preferences. This chapter revisits that important topic in more depth, by focusing on the violent suppression of the labour movement from the 1970s to 2018. Some of the years covered in the chapter overlap with the initial phase of democratization and the legal recognition of labour unions. The chapter explains why such state violence was needed for economic growth, while we also analyze why it is related to economic inequality and wage structures in Korea in the 2000s. Furthermore, as we will explain, during both the democratization and post-democratization periods, state-sourced violence and repression of the labour movement and other niche markets shifted towards privately supplied violence specialists, which acted, and continue to act, implicitly, and at times explicitly as proxies for state power.
THE LABOUR FORCE IN THE ECONOMIC MIRACLE
The issue of labour has long attracted the attention of social scientists from a variety of backgrounds, disciplines and approaches. The case of labour issues in Korea is no exception and especially so regarding scholarship focused on explaining Korea’s rapid economic miracle. When Park Chung Hee assumed power following the 1961 coup d’état, as already explained throughout the preceding chapters, he did so under the pledge to instil economic growth and order. Moving away from the import-substitution approach that had been adopted, much to the detriment of the economy by the Rhee Syngman regime, Park first focused on the development and promotion of labour-intensive EOI, mostly from 1961–72 (Haggard & Moon 1993: 54). This move towards EOI was rewarded with remarkable growth until the end of the decade when the GDP began to decline, coupled with rising inflation and wages among other worrisome economic conditions. In conjunction with an economy in decline, and thus with Park’s reduced legitimacy, politically the regime was increasingly being challenged by opposition seeking to capitalize on the weak economic performance.
This chapter is concerned with explaining the basis and structure, in other words, the genesis, of what has frequently been coined “Korea Inc.”. Although the focus of our analysis is certainly on the postcolonial period, we would be remiss to not acknowledge the roughly 40-year period of near complete dominance of the peninsula by Japan. This discussion, even after more than 75 years after the end of Japanese colonialism, continues to be undeniably controversial, with the majority of those engaging the Korean miracle typically avoiding altogether this uncomfortable, potentially anti-nationalist narrative. This section, while brief, discusses some of the key arguments about this period, while acknowledging the methodological difficulty of robustly linking the colonial period to the economic take-off in the 1960s.
COLONIAL AND CULTURAL LEGACIES DEBATED
As noted earlier in this text, scholars of Korean history typically trace this country’s roots back to ancient Joseon (Gojoseon) (c. 2333–108 BCE). Despite the much earlier origins of what would become Korea, most scholars point to the Goryeo dynasty (918–1392) as the key point in Korea’s modern emergence as a rationalized state. The Goryeo period was then replaced by the Joseon dynasty (1392–1910), which governed the peninsula until it began to slowly erode as principally a result of corruption and inefficiency (see Cumings 1997). The Joseon dynasty’s descent coincided with Japan’s emergence as a major regional power, thus setting the stage for the colonial period in which Japan replaced Korean-domestic rule by fully annexing it in 1910 and then governing the entirety of the peninsula until its defeat at the end of the Second World War in 1945.
By the time Korea had been annexed, Japan itself was immersed in its own decades-long efforts against its potential colonization by foreign powers, which had in large part precipitated the end of the Tokugawa period (1603–1868) and advent of the Meiji era (1868–1912), in which its traditional government and economy was replaced by a more modern, Western-influenced one, with the goal and ultimate realization of rapid industrialization.
“Roads, more roads and always roads,” wrote the prefect of Loiret in September 1867, “this sums up the political economy of the countryside.”
Eugen Weber (1976, p. 195)
This chapter begins Part III by examining the second theme of this book – the interactions between state and society, mediated by the local governments at the county and township levels. The three chapters to follow look at different episodes at the grass-roots level: (1) public goods provision for a road pavement project in two villages, (2) village elections in a township, and (3) collective action based on unorganized interests on the national scene. These episodes allow us to take a close look at patterns of interactions among state policies, local governments, and villagers, and to make sense of the underlying institutional logic of governance at the grass-roots level. I begin with the road pavement public project in an agricultural township in northern China in the mid-2000s.
Only bureaucracy has established the foundation for the administration of a rational law.
Max Weber (1946, p. 216)
Cadres are a decisive factor, once the political line is determined …
Mao Zedong (1991, p. 526)
To examine the logic of governance in China, we begin with an inquiry into the relationship between the Chinese state and the Chinese bureaucracy. As outlined in Chapter 1, governance in China has been characterized by the encompassing role of the central authority, whose power is uninhibited and whose reach is unlimited over its people and its vast territory. In Chinese history, the Chinese bureaucracy provided the organizational basis for the state to exercise its power. In the People’s Republic of China since 1949, the Chinese bureaucracy has undergone considerable transformation to become the organizational weapon of the party-state and to become entrenched in all corners of the society. For ordinary citizens today, the Chinese bureaucracy is the Chinese state.