© 2006 American Bar Foundation. 75
Blackwell Publishing Ltd Oxford, UK LSI Law & Social Inquiry 0897-6546 © 2006 American Bar Foundation. winter 2006 31 1 Original Article Beyond Global Convergence LAW & SOCIAL INQUIRY
Beyond Global Convergence: Conflicts
of Legitimacy in a Chinese Lower
Court
Sida Liu
This article examines the localization of global legal institutions by
the case study of a lower court in China’s Hebei Province. Using data
on the changes in the formal organizational structure, the composition of
personnel, the case docket, and case dispositions in this court between 1978
and 2000, the author demonstrates that global legal institutions have survived
in China’s judicial practice by adapting to indigenous social and political
demands and becoming localized. The day-to-day judicial work of Chinese
lower court judges is only loosely coupled with their formal roles, and the
judicial decision-making process is contingent upon the historical origin
of the judiciary, administrative influence, and the legal consciousness of
local communities. The underlying reason for the localization process is
the complexity of legitimacy at the local level. Global prescription, economic
pressure, political influence, and local social order all require certain types
of legitimacy from the legal institutions. As a result, beyond the symbolic
functions of global convergence, the practical meanings of the legal
institutions are socially constructed in the judicial practice to reconcile the
conflicts between global and local sources of legitimacy.
Sida Liu is a Ph.D. candidate at the Department of Sociology, University of Chicago.
This article is developed from the author’s research project at Peking University School of
Law and then written at the University of Chicago. I would like to thank Andrew Abbott,
Terry Clark, Robert Dingwall, Ethan Michelson, Kwai Hang Ng, Elena Obkhova, William
Parish, Dingxin Zhao, and six anonymous manuscript reviewers for their helpful comments
on earlier drafts. In particular, both Robert Dingwall and Ethan Michelson consistently made
great contributions during the longtime revision of the article. Melissa Kew devoted outstanding
editing efforts for an earlier draft. My project at Peking University benefited much from the
lectures and advice of He Weifang, Su Li, Li Meng, Zhao Xiaoli, and Qu Jingdong. I extend
my special gratitude to Gao Wei, my former colleague at Peking University School of Law.
Without his extraordinary efforts my data collection would have been impossible. Please direct
all correspondence to sidaliu@uchicago.edu.