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 article explores whether and how labour law matters in factory workers’ grievances and demands in their letters sent to the unions and state authorities in Đồng Nai Province, an industrial hub in the south of Vietnam. An examination of the letters demonstrates that the legalistic language of rights and other provisions in the Labour Code plays little role in shaping workers’ accounts. A majority of letter writers instead referred to moral aspects of subsistence, reciprocity, and their subjective views of fairness to make their claims. Yet the moral constructions of workers’ claims may overlap and derive from values imbricated within the Labour Code. These observations raise the need to consider the subtle way in which law generates workers’ resistance against management and/or the state, as well as the fluid boundary between law and morality in workers’ narratives of (in)justice.

This paper argues that there are two contrasting versions of legal consciousness among foreign corporate lawyers in Myanmar. The old hands—expatriates who have practised there prior to the opening-up of the country in 2011—depict an image of a fairly developed legal system and an appreciation of local law and practices. In contrast, the newcomers who came to Myanmar after 2011 tell accounts of the void of law. Contrary to the old hands who see themselves as mere translators of Myanmar’s local law and practices, the newcomers assume a more active role of importers and educators of modern business law and norms to fill the void. The paper uses two theoretical models in legal consciousness studies—the “community of meaning” model and the “power and resistance” model—to explain the difference between the two groups, as well as the implication the newcomers’ legal consciousness has for the globalization of law.

How does an intellectual property (IP) legal regime affect those who make their living on counterfeit commodities, and in return how do these people respond to the implementation of IP laws? In this ethnographic study, I analyze the effects of an IP legal regime in two Chinese markets, and use legal consciousness theories and methods to show how this legal regime results in greater social inequality. While the majority of business owners in my study engage in counterfeiting, their tactics in response to the enforcement of IP laws vary significantly. Small shopkeepers at one market, the primary target of enforcement, adopt the legal consciousness of resistance. Established trademark and logo owners at the other market adopt tactics of evasion to maintain the appearance of lawful practices. I argue that these two types of tactics embody different forms of legal consciousness. The divergent tactical responses strengthen the second group of business owners who have greater power and resources at the expense of the first group who have less, thus aggravating their socioeconomic disparities.

A central aspect of Thai legal consciousness since the mid-twentieth century, widely shared among the general population, has been a perception that judges have an exalted status entitling them to make broad-ranging pronouncements about social and political issues as well as legal matters. Popular legal consciousness of the Thai judge has to a large extent been shared by the judges themselves, as well as by their families and followers. The power and authority of Thai judges go far beyond the limited formal role they are given in Thailand’s civil-law system. This article suggests that the exceptional status of the Thai judge derives from a process of identity construction, emphasizing four traits that set the ideal judge apart from ordinary people. The first is that a Thai judge must be a “khon di” (good person), with specific reference to the traditions of Thai Buddhism. The second is that a Thai judge must be polite, kind, and socially refined—a “phudi” (proper gentleman). The third characteristic of the ideal Thai judge is that he or she must be highly educated and knowledgeable about the law—a “phuru” (learned and wise person). The fourth trait is that a Thai judge must be a “phupakdi” (loyal servant of the king), not only loyal to the monarchy as an institution, but to the late King Rama IX as a person. When the identity of the Thai judge is constructed from these four constituent elements, the pronouncements of the judge acquire legitimacy, even when they range beyond the narrow letter of the law. The article explores this central aspect of Thai legal consciousness by analyzing the construction of judges’ identities through a distinctive set of historical documents—the cremation volumes (nangsue ngan sop) that are published and distributed at the funerals of noted public figures. These volumes contain a wealth of biographical information as well as related legal and historical material that shed light on the life and work of Thailand’s most prominent judges during the past 50 years.

The Madras High Court located in Chennai, India, was established in 1862 when India was under colonial rule. It continues to exist in post-independence India after merging into the Indian legal system. In this study, I argue that the architecture and judicial iconography of the Madras High Court building reflects a recurring historical tension between Indian and British concepts of justice. This is continually reflected in the semiotics of the legal space of this high court which in turn influences the legal consciousness of the court personnel who utilize this space. This architecture and iconography of the Madras High Court constitutes, preserves, and reinforces the ambivalent legal consciousness of those who created, occupy, and visit this space. The contemporary legal consciousness of the court personnel is thus seen to have deep historical roots.

Until 2003, Japanese lawyers were prohibited by law from entering full-time employment in governmental bodies. That year, in line with recommendations by the Justice System Reform Council, the Lawyers Act was amended to permit lawyers to undertake such employment. Incorporating information and insights from interviews with former government lawyers and other concerned parties, this article examines the rise in the hiring of government lawyers and its impact. The article considers factors that have contributed to the increase, examines the roles played by these lawyers, considers prospects for the future, and discusses implications for government, the legal profession, clients, and legal education and training. The article also seeks to identify a range of issues raised by these developments that warrant further in-depth research.

This article asks how legal mechanisms are employed outside of North Korea to achieve human rights diffusion in the country; to what extent these result in human rights diffusion in North Korea; and whether measures beyond accountability can be pursued in tandem for more productive engagement. Specifically, it examines how the North Korean government has interacted with the globalized legal regime of human rights vis-à-vis the UN and details the legal processes and implications of the UN Commission of Inquiry report, including domestic legislation, and evidence collection. While transnational legal mobilization has gathered momentum on the accountability side, it is significantly weaker in terms of achieving human rights protection within North Korea given the government’s perception of current human rights discourse as part of an externally produced war repertoire. Thus, efforts to engage the North Korean population and government require concurrent reframing of human rights discourse into more localized and relatable contexts.

The indigenous and Fourth World communities in multiple Asian regions are again making noises. As the incoming ALSA president, I wish to offer a new perspective called the Fourth World Approaches to International Law (FWAIL) to understand the nature of pandemic indigenous people’s struggles for independence in Asia, to examine sociopolitical and historical roots of regional conflicts around many Asian peripheries, and to explore the contour of the social and political path for the recognition of indigenous rights for political sovereignty and independence under international law. Further, FWAIL is offered to give an active voice to indigenous people who have been victimized by predatory policies of the state system and international law, and to build a culture of collective resistance and opposition to hegemonic Western domination in the region. FWAIL also provides the framework to seek self-determination through activism, organizing, and negotiations with the state, in addition to the use of domestic law and international law. Furthermore, FWAIL is offered to give an alternative vision for the preservation of biodiversity and natural environment necessary for the survival of the human race in the coming generations in Asia.