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The Logic of Fragmentation
Sida Liu
其他書名
An Ecological Analysis of the Chinese Legal Services Market
出版
University of Chicago, Division of the Social Sciences, Department of Sociology
, 2009
ISBN
1109313527
9781109313529
URL
http://books.google.com.hk/books?id=E6AfygAACAAJ&hl=&source=gbs_api
註釋
This dissertation explains why China's legal reform since the late 1970s has produced a fragmented legal services market in which lawyers face competition from a variety of authorized and unauthorized occupational groups. Following the tradition of the Chicago School of sociology, I develop an ecological theory of law, professions, and the state and propose boundary-work and exchange as its two processes of interaction. Based upon 256 in-depth interviews with law practitioners and public officials in 12 provinces of China, archival research in four academic libraries, and three years of ethnographic work on a professional internet forum, I argue that the fragmentation of the Chinese legal services market in the thirty-year legal reform was mainly produced by the fragmented political structure of its state regulatory regimes. Chinese lawyers' boundary-work in the market is unsuccessful because their exchange with the state is often not as strong and stable as their competitors. The study presents a new theory for understanding the relationship between the legal profession and the state, and it theorizes boundary-work and exchange as the two basic processes of social differentiation and integration.