BLOOD MONEY AND NEGOTIATED JUSTICE IN CHINA 12:30PM

BLOOD MONEY AND
NEGOTIATED JUSTICE IN
CHINA
Legal commensuration is a complex mechanism of valuation. Its complexity has
much to do with the relational nature of the monetary exchange involved
between parties in the litigational context. This lecture offers a framework to
understand its process and outcome by focusing on the institutional and cultural
logics of the practice. The criminal reconciliation process in China is used as a
real-world empirical illustration. Drawing mainly on data collected from
fieldwork investigation of two basic-level courts, this lecture identifies two
factors that affect the process and outcome of legal commensuration:
institutional interests favoring reconciliation and cultural meaning of money.
Political considerations play a decisive role in incentivizing judges to facilitate a
settlement. The cultural meanings of money serve as another factor shaping the
outcome of reconciliation. In particular, blood money is valued both for its
practical certainty and its symbolic value as a token of apology. Through a brief
comparison of the Chinese and US systems, the lecture shows that this
framework represents a step toward a more systematic and theoretical
conception of legal commensuration.
This lecture qualifies for 1 CPD credit.
XIN HE JSD
Professor. School of Law, City University of Hong Kong.
Xin He is a professor at the School of Law, City University
of Hong Kong. He has published widely in the leading
journals in the fields of law and society, and the Chinese legal
system. His recent articles are “Black Hole of
Responsibility: The Role of Adjudication Committee in a
Chinese Court” (2012), in Law & Society Review, and “Do the
Haves Come out Ahead in Shanghai Courts”(with Yang Su
2013), in Journal of Empirical Legal Studies. He has been
appointed twice as the Global Professor at NYU Law School.
APRIL
01
WEDNESDAY
12:30PM
FASKEN
MARTINEAU
CLASSROOM
(ROOM 122)