Transforming the Hong Kong legal machine : gender and familial law in jurisprudence / Man-Chung Chiu.

Format:

Book

Author/Creator:

Chiu, Man-Chung, author.

Language:

English

Subjects (All):

Sex and law.

Gender identity--Law and legislation.

Gender identity.

Domestic relations.

Physical Description:

1 online resource (192 pages)

Place of Publication:

Gateway East, Singapore : Springer, [2022]

Summary:

This book examines the law in relation to how it has responded to sexual and gender issues in the context of Hong Kong, and addresses the implications of those responses for the global context. It aims to develop a localized theory of justice which enables the analysis of multiple socio-legal issues arising in Hong Kong, a predominantly Han-Chinese society in Greater China, while also offering formulations for corresponding solutions. Unlike other books on Hong Kong jurisprudence and socio-legal studies, this book not only compares and contrasts different theories of justice, but also attempts to generate a philosophical perspective which can synchronize and re-organize a range of theoretical components via the lens of localization. The author investigates theories of justice developed, respectively, by Rawls, Deleuze, Lacan, Žižek and from the perspective of Mahāyāna Buddhism, as well as (Orthodox) Han-Chinese Confucianism and Daoism. The book applies these theoretical perspectives in analyzing different socio-legal issues in post-97 Hong Kong, including transgender rights to marriage, domestic violence, sexual assault, child sexual abuse and race. The book concludes by proposing singular possible strategies, which include Degenderization, Desexualization, De-ageing, by which justice(s) can hopefully be re-manufactured and challenged. This book is relevant to researchers and students of law, philosophy, sociology, gender studies and cultural studies.

Contents:

Intro

Preface

Introduction

Re/Conceptualizing Transformation

Themes of the Book

Possible Solutions

Schedule of Chapters

Credits

References

Contents

Part I Transplanting Concepts, Engaging the Local

1 Beyond Colonialism (1): Destablization of Han-Chinese Traditional Socio-legal Culture

1.1 Introduction

1.2 Reconstruction of Indigenous Han-Chinese Socio-legal Traditions in Contemporary Hong Kong

1.3 Differences Within (Orthodox) Confucian-Centric Harmonious Han-Chinese Socio-legal Culture

1.3.1 YIN-YANG Interaction: Historicizing the Politics of Harmony

1.3.2 From li (Social Moral Order) to fa 法 (Law): Construction of Confucius's and Mencius's Politics of Harmony

1.3.3 Xun Zi's and Han Fei Zi's Emphasis of fa: Differences within Confucianism

1.4 Re-Interpretation of YIN-YANG Cosmology: Daoist Destabilization of Essential Human Subjectivity in Han-Chinese Socio-legal Philosophy

1.5 Judicial Mechanism of Karmic Seeds: The Buddhist Jurisprudential Re-Construction of Contextual Subjectivity

1.6 Challenges of a Monolithic Han-Chinese Socio-legal Culture

1.6.1 Foucauldian Desexualization and Degenderization-Possible Reform Strategies?

1.6.2 Sensitizing a Theory of Justice Towards Gender/Sexual Politics

1.6.3 Is Infiltration of Desexualization, Degenderization and Theory of Justice Possible?

1.6.4 Infiltration of Desexualization

1.6.5 Infiltration of Degenderization

1.6.6 Infiltration of Theory of Justice

1.7 The Story is Still Ongoing …

2 Beyond Colonialism (2): Deconstruction of Han-Chinese Traditional (Alternative) Socio-legal Culture

2.1 Introduction

2.2 Indigenous Han-Chinese Socio-legal Culture in Contemporary Hong Kong

2.3 Differences and Challenges within Han-Chinese Socio-legal Culture: Xun Zi, Han Fei Zi, Zhu Zi and Mādhyamika.

2.3.1 The Traditional Han-Chinese Legal Concept-The Dynamics Among li, fa and lu

2.3.2 Xun Zi: The Emphasis of fa in li

2.3.3 Han Fei Zi: Hegemony of fa

2.3.4 Zhu Zi: Hybridity in the Name of Confucianism

2.3.5 Judicial Mechanism of Karmic Seeds: The Buddhist Jurisprudential Construction of Contextual Subjectivity

2.4 Problematization and Hybridization of Han-Chinese Socio-legal Culture

3 A Hybrid of Harmony and Resistance at the Margin: Articulating a Theory of Justice in Hong Kong Han-Chinese Culture

3.1 Introduction

3.2 Transplantation: Mission Impossible?

3.2.1 Postcolonialization of Transplantation Models: The Mythologization of Cultural Conflict

3.2.2 From Bhabha's Hybridization to Chang's Transcultural Articulation

3.3 Transcultural Articulation of Justice in Han-Chinese Culture

3.3.1 Locating Similarities: yi/Justice in the Contexts of Confucianism, Buddhism and Rawlsian Theory

3.4 Osmosis of Cultures: Modification Possible?

3.5 Conclusion

Part II Becoming Justice, Desiring Transformation

4 Un/Controlling Desire, Becoming Others: Negotiating Justice in the Hong Kong Milieu of the Mainland Pregnant Women Influx

4.1 Introduction

4.2 Production and Intensification of Mainlanders vs HongKongians Binarism

4.3 Rawlsian Justice: Rationalizing Desire, Devising Justice

4.3.1 Rawlsian Perspective on Law and Justice

4.4 Mahāyāna Buddhist Schools of Vijñānamatra 唯 : Going Beyond Desire, Constructing Justice

4.5 The Deleuzian Machine of Justice: Becoming the Least Advantaged Group

4.5.1 The Deleuzian Perspective on Law and Justice

4.6 Conclusion

5 Simularizing Vijñāna and Desire, Reproducing yi and Justice: Osmotic Production of Justice in the Condition of Hong Kong's Anti Domestic Violence Law

5.1 Introduction.

5.2 Hong Kong Anti Domestic Violence Law Reform in 2008 and 2009

5.3 Time is Always Out of Joint: Is the Past Always with Us?

5.4 Becoming Powerless: The Deleuzian Machine of Justice

5.5 Engaging Foreign Concepts in Hong Kong Culture: Where are the Simularities?

5.5.1 Daoist and Confucian Perspectives on History: Medium of Promotion?

5.5.2 Buddhist Perspective on Time/History: Beyond Past/Present Dichotomy

5.5.3 yi and Equality = Justice in Han-Chinese Culture?

5.6 Conclusion

6 Desiring Justice, Acting Anātman: Transforming the Legal Transsexual Fantasy from the Perspectives of Žižekian and Mahāyāna Buddhist Philosophies

6.1 Introduction: Transsexual Marriage and Rawlsian Justice

6.2 Žižekian Jouissance on Fantasy and Superego: Justice Acts

6.2.1 The Žižekian Perspective on Law and Justice

6.3 Mahāyāna Buddhist Jurisprudence: Constructing Justice Beyond Desire

6.4 Conclusion

7 'Confession of Law?': A Critical Perspective on the Production of the Child Subject in Hong Kong Law Controlling Child Sexual Abuse

7.1 Introduction

7.2 Criminal Law Relating to Child Sexual Abuse in Hong Kong

7.2.1 Evidence: Rules on Corroboration and Past Sexual History

7.2.2 Sentencing

7.2.3 Proposals of the Hong Kong Law Reform Commission

7.3 The Child in Criminal Law Controlling Sexual Assault: Is a Child Subject Essentially Innocent?

7.4 Deleuzian Perspective on the (Child) Subject: Becoming Forever Goes On

7.4.1 Body Without Age and Sex Organ: De-Ageing as a Resistance Strategy

7.5 Further Legal Reform: De-Ageing as a Starting Point

Appendix 1: Offences with Extra-Territorial Effect

Appendix 2: Summary of Criminal Offences and Related Penalties

Appendix 3: Offences which can be Checked According to the Proposed Sexual Offenders Registry

References.

8 Deterritorializing Sexuality, Act(less)ing Justice: Žižekian/Deleuzian/Lao Zi's Perspective on Hong Kong Law Reform on Sexual Offences

8.1 Proposal of the Hong Kong Law Reform Commission

8.2 Žižekian Jouissance on Desire and Law: Acting Justice

8.2.1 Is Justice Always a Fantasy?

8.2.2 Žižekian Justice: To Act, Not to Be Instructed to Enjoy

8.3 The Deleuzian Machine of Justice: Becoming the Powerless in the Legal-Sexual Machine

8.3.1 Deleuzian Justice = Desexualizing Law?

8.4 Lao Zi's yi/Justice Beyond Desire: The 'Actionless-ness' of Natural Cosmology

8.4.1 Actionless-ness: A Daoist Perspective on Law and yi/Justice

8.5 Engaging Foreign Concepts with Hong Kong Culture: Where Are the Simularities?

List of Cases

List of Legislation

Index.

Notes:

Includes bibliographical references and index.

Description based on print version record.

Other Format:

Print version: Chiu, Man-Chung Transforming the Hong Kong Legal Machine

ISBN:

9789811912726