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Challenging Western Legal Orientalism: A Comparative Analysis of Chinese Municipal Social Credit Systems

Marta Infantino
•
Weiwei Wang
2021
  • journal article

Periodico
EUROPEAN JOURNAL OF COMPARATIVE LAW AND GOVERNANCE
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.
DOI
10.1163/22134514-bja10011
WOS
WOS:000641276000003
Archivio
http://hdl.handle.net/11368/2981780
info:eu-repo/semantics/altIdentifier/scopus/2-s2.0-85106236180
https://brill.com/view/journals/ejcl/8/1/article-p46_46.xml
Diritti
open access
FVG url
https://arts.units.it/request-item?handle=11368/2981780
Soggetti
  • legal Orientalism

  • Chinese law

  • social credit system

  • rating

  • nudging

  • quantification

  • model cities

Scopus© citazioni
0
Data di acquisizione
Jun 7, 2022
Vedi dettagli
Web of Science© citazioni
0
Data di acquisizione
Mar 24, 2024
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