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- Terence Halliday is Research Professor, American Bar Foundation, an interdisciplinary institute of advanced studies o... moreTerence Halliday is Research Professor, American Bar Foundation, an interdisciplinary institute of advanced studies on law and legal institutions. He is Honorary Professor, School of Regulation and Global Governance, Australian National University, and Adjunct Professor of Sociology, Northwestern University. Halliday is a specialist in globalization and law with two main lines of research and writing: (1) Globalization of law and markets with special reference to the interactions among global, national and local lawmakers and implementers. This research has involved fieldwork within the UN Commission on International Trade Law (UNCITRAL), the IMF, the OECD, and in China, Indonesia, South Korea, the U.S., and the U.K. on corporate bankruptcy, secured transactions, carriage of goods by sea, anti-money laundering and combating the financing of terrorism. (2) Globalization of law and basic legal freedoms in the broader context of historical and contemporaneous struggles for political liberalism. This research has involved co-leadership since 1995 of inter-disciplinary international networks of country specialists on Africa, Asia, Latin America, Europe and the Middle East. His recent books are Global Lawmakers: International Organizations in the Crafting of World Markets (Block-Lieb and Halliday, 2017, Cambridge), Transnational Legal Orders (Hallidayedit
Research Interests: Art and Political Science
The tremendous difficulties that Chinese criminal defense lawyers face in their daily work have been well documented by researchers in China and abroad. However, few studies have examined the coping strategies and collective action of... more
The tremendous difficulties that Chinese criminal defense lawyers face in their daily work have been well documented by researchers in China and abroad. However, few studies have examined the coping strategies and collective action of defense lawyers in relation to powerful state actors (i.e., the police, procuracy, and court) in the criminal justice system. Based on over 50 in-depth interviews in five major cities and extensive archival research, this paper discusses the twisted and precarious legal practice of Chinese criminal defense lawyers in relation to the state criminal justice system. On the one hand, lawyers challenge arbitrary state power by defending the rights of the accused in the criminal procedure; on the other hand, they have to rely on the state and judicial agencies to get business and protect themselves from persecution. This partially dependent lawyer-state relationship highly constrains the professional autonomy and mobilizing capacity of Chinese lawyers and significantly weakens their structural position in the criminal justice system. Their ambiguous position in the state system of social control also renders problematic their capacity for protection of basic legal freedoms of citizens.
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... Survival Strategies of Defense Lawyers in China's Criminal Justice System Sida Liu and Terence C. Halliday ... Survival Strategies of Defense Lawyers in China's Criminal Justice System Sida Liu Terence C. Halliday University... more
... Survival Strategies of Defense Lawyers in China's Criminal Justice System Sida Liu and Terence C. Halliday ... Survival Strategies of Defense Lawyers in China's Criminal Justice System Sida Liu Terence C. Halliday University of Chicago American Bar Foundation Abstract ...
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Criminal Defense in China studies empirically the everyday work and political mobilization of defense lawyers in China. It builds upon 329 interviews across China, and other social science methods, to investigate and analyze the... more
Criminal Defense in China studies empirically the everyday work and political mobilization of defense lawyers in China. It builds upon 329 interviews across China, and other social science methods, to investigate and analyze the interweaving of politics and practice in five segments of the practicing criminal defense bar in China from 2005 to 2015. This book is the first to examine everyday criminal defense work in China as a political project. The authors engage extensive scholarship on lawyers and political liberalism across the world, from seventeenth-century Europe to late twentieth-century Korea and Taiwan, drawing on theoretical propositions from this body of theory to examine the strategies and constraints of lawyer mobilization in China. The book brings a fresh perspective through its focus on everyday work and ordinary lawyering in an authoritarian context and raises searching questions about law and lawyers, politics and society, in China's uncertain future.
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On June 15, 2015, China’s official media launched an unprecedented public disinformation campaign against Wang Yu, a commercial lawyer who had emerged as a bold rights activist in the several years following her imprisonment by the... more
On June 15, 2015, China’s official media launched an unprecedented public disinformation campaign against Wang Yu, a commercial lawyer who had emerged as a bold rights activist in the several years following her imprisonment by the Railway police for what she asserted was a false charge of beating someone on a station platform in Tianjin, a coastal city near Beijing. The coordinated nationwide attack, labeled by many of her supporters as a “smear campaign,” included coverage in official newspapers, including People’s Daily, online at People’s Net, and on CCTV, China’s multi-channel TV network. The articles alleged that this petite ex-prisoner had beaten someone to death, and then the official press “sarcastically” questioned whether she could be an authentic advocate to “represent justice and human rights” (B1610).
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Prompted by a conference examining the autonomy of law in China, this paper focuses on leading criminal defense, weiquan or rights’ lawyers. Drawing on extensive empirical data, including years of cumulative interviews between 2008 and... more
Prompted by a conference examining the autonomy of law in China, this paper focuses on leading criminal defense, weiquan or rights’ lawyers. Drawing on extensive empirical data, including years of cumulative interviews between 2008 and the nationwide crackdown on lawyers on 9 July 2015, the paper depicts practicing lawyers’ understandings of the presence and prospects of autonomy for law in the most difficult and sensitive cases they take on.
The paper asks four questions. First, when does autonomy of law truly matter? It argues that it matters in extreme situations where the Party-state considers criminal or rights cases to challenge its arbitrary exercise of power. Second, who can most acutely discern vulnerability of China’s citizens to unbridled executive power? It maintains that lawyers who take on cases of last resort, cases most threatening to local or central power, are among the mostly acutely aware of law’s limits at tempering power. Third, why should we care about this tiny segment of lawyers among the hundreds of thousands of private lawyers in the entire country? It proposes that rights and criminal defense lawyers stand at the crossroads of law’s restraints and abuses of power. Fourth, what do rights’ lawyers judge to be the conditions—their “political sociology”—that might advance and sustain the autonomy of law in a new New China?
The paper reveals four sets of conditions that the rights’ lawyers consider critical for the autonomy of law in China: (1) the ability of lawyers themselves to be able to form autonomous collegial communities and networks that are self-regulating, mutually supporting, and capable of mobilizing collectively on behalf of rule-of-law and basic legal freedoms; (2) the capacity of lawyers to cultivate interdependencies principally within China with independent media, which highlight harms, monitor courts and legal officials, report on trials and publicize lawyers’ cases, and on occasion outside China, where media cover Party-state’s failures to conform with universal legal norms and which offer solidarity for lawyers repressed by the state; (3) a mutuality between lawyers and civil society, where rights of freedoms of speech, association and religion are respected, where basics of political organization are cultivated free of state control, and where citizens feel empowered to meet social needs with a restrained intrusion of the state; and (4) where lawyers can energize a lively public sphere with a legal consciousness conducive to rule-of-law and in which lawyers might valorize ideals conducive to autonomous law as “spokespersons for publics.”
The paper concludes that the rights’ lawyers essentially express an imagination where a reconfiguration of China’s legal and political institutions offer structural dimensionalities of hope. In so doing, they echo the historic efforts of lawyer vanguards and legal complexes in North East Asia and across continents and earlier centuries to bring about a lawyers’ political liberalism which institutionalizes basic legal freedoms, a vibrant civil society, and a moderate state, all of which are conducive to, and constitutive of, the autonomy of law.
The paper asks four questions. First, when does autonomy of law truly matter? It argues that it matters in extreme situations where the Party-state considers criminal or rights cases to challenge its arbitrary exercise of power. Second, who can most acutely discern vulnerability of China’s citizens to unbridled executive power? It maintains that lawyers who take on cases of last resort, cases most threatening to local or central power, are among the mostly acutely aware of law’s limits at tempering power. Third, why should we care about this tiny segment of lawyers among the hundreds of thousands of private lawyers in the entire country? It proposes that rights and criminal defense lawyers stand at the crossroads of law’s restraints and abuses of power. Fourth, what do rights’ lawyers judge to be the conditions—their “political sociology”—that might advance and sustain the autonomy of law in a new New China?
The paper reveals four sets of conditions that the rights’ lawyers consider critical for the autonomy of law in China: (1) the ability of lawyers themselves to be able to form autonomous collegial communities and networks that are self-regulating, mutually supporting, and capable of mobilizing collectively on behalf of rule-of-law and basic legal freedoms; (2) the capacity of lawyers to cultivate interdependencies principally within China with independent media, which highlight harms, monitor courts and legal officials, report on trials and publicize lawyers’ cases, and on occasion outside China, where media cover Party-state’s failures to conform with universal legal norms and which offer solidarity for lawyers repressed by the state; (3) a mutuality between lawyers and civil society, where rights of freedoms of speech, association and religion are respected, where basics of political organization are cultivated free of state control, and where citizens feel empowered to meet social needs with a restrained intrusion of the state; and (4) where lawyers can energize a lively public sphere with a legal consciousness conducive to rule-of-law and in which lawyers might valorize ideals conducive to autonomous law as “spokespersons for publics.”
The paper concludes that the rights’ lawyers essentially express an imagination where a reconfiguration of China’s legal and political institutions offer structural dimensionalities of hope. In so doing, they echo the historic efforts of lawyer vanguards and legal complexes in North East Asia and across continents and earlier centuries to bring about a lawyers’ political liberalism which institutionalizes basic legal freedoms, a vibrant civil society, and a moderate state, all of which are conducive to, and constitutive of, the autonomy of law.
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Utilizing the theoretical framework of transnational legal orders (TLOs), this article treats two master questions in global governance: what are the limits to the power of the UN Security Council? Can norms of rule-of-law constrain UNSC... more
Utilizing the theoretical framework of transnational legal orders (TLOs), this article treats two master questions in global governance: what are the limits to the power of the UN Security Council? Can norms of rule-of-law constrain UNSC powers? First, we outline a research design with emphasis on its documentary and unique internal empirical sources. Second, we sketch an interpretive narrative of UNSC engagement from the early 1990s to the present with ROL in three areas of UNSC action: peacekeeping, sanctions, and force. Third, we offer a new conceptual approach by proposing that ROL in the UNSC manifests itself in three dimensions: discourse; procedure (or rules); and structures. These dimensions come into play both internally, within the UNSC itself, and externally, to ROL institution-building in and between states, as well as in post-conflict zones, with a rather gray area between (e.g., when the UN peacekeeping missions are themselves subject to ROL oversight for the behavior of their personnel). Fourth, we examine the emergence of micro-TLOs under construction within the UNSC itself. We conclude with reflections on the potential for empowering elected members of the UNSC and weaker states in the UN to press ROL norms on the UNSC as a springboard for ROL global governance via the UNSC.
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"This article is a contribution to the occasional series dealing with a major book that has influenced the author. Previous contributors include Stewart Macaulay, John Griffith, William Twining, Carol Harlow, Geofrey Bindman, Harry... more
"This article is a contribution to the occasional series dealing with a major book that has influenced the author. Previous contributors include Stewart Macaulay, John Griffith, William Twining, Carol Harlow, Geofrey Bindman, Harry Arthurs, Andre-Jean Arnold, Alan Hunt, Michael Adler, Lawrence O. Gostin, John P. Heinz, Roger Brownsword, Roger Cotterrell, Nicola Lacey, Carol J. Greenhouse, David Garland, Peter Fitzpatrick, David Nelken, and Lynn Mather."
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How does the sociology of legal complexes contribute to understanding of judges under stress in the shaping of legal-liberal political orders? First, the article proposes six distinctive meanings of judges and judiciaries. Second, it... more
How does the sociology of legal complexes contribute to understanding of judges under stress in the shaping of legal-liberal political orders? First, the article proposes six distinctive meanings of judges and judiciaries. Second, it identifies stressors that erode the legitimacy and efficacy of different categories of judges. Third, illustrated by scholarship on Egypt, Pakistan, Taiwan and Hong Kong, it proposes that a theory of domestic and international legal complexes sharpens explanations of robustness of judges' ability to cope with stress. Fourth, it argues that evidence on legal complexes can move scholarship on judges under stress from static frameworks of social structures to the dynamics of a sociology of hope where structural resourcefulness and repertoires of action multiple the opportunities for resisting stress. Fifth, after identifying contingencies that can relieve stress on judges and judiciaries, the paper concludes points to a redemptive irony of repression by authoritarian rulers.
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Lawyers and the rise of western political liberalism europe and north america from the eighteenth to twentieth centuries HALLIDAY Terence C., KARPIK Lucien.
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Political lawyering refers to a mode of lawyers’ collective politics in struggles over the rise and fall of political liberalism. Extensive historical and comparative research demonstrates that lawyers, in certain circumstances, will... more
Political lawyering refers to a mode of lawyers’ collective politics in struggles over the rise and fall of political liberalism. Extensive historical and comparative research demonstrates that lawyers, in certain circumstances, will fight for a moderate state, civil society, and basic legal freedoms. Those struggles always occur through the politics of a legal complex of all legally-trained occupations continuing to act in a legal capacity. Configurations of the legal complex frequently ally with civil society groups, including the media, justice-related associations and religious organizations. Consequently, transitions from authoritarian and illiberal regimes to liberal political societies, including post-colonial societies, repeatedly are spearheaded by political lawyers in coalitions with elements of the legal complex and civil society.
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Research Interests: Criminal Law, International Law, International Criminal Law, Political Science, Money Laundering, and 11 moreMoney, Discipline, Transnational, Punitive Damages, Anti money laundering and Terrorist Financing, Institutionalisation, Transnational Legal Studies, Anti Money laundering, IMF Reform, FATF, and Legal Order
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With a focus on legal and other organizational actors beyond the state, this article seeks to expand the theory of conditions under which legal occupations will mobilize to fight for basic legal freedoms within states. It elaborates the... more
With a focus on legal and other organizational actors beyond the state, this article seeks to expand the theory of conditions under which legal occupations will mobilize to fight for basic legal freedoms within states. It elaborates the line of scholarship on legal complexes and political liberalism within states since the 17thcentury. First, we catalog harms that international organizations (IOs) of many kinds seek to protect in the more than 190 states in the world. Second, we elaborate the concept of an international legal complex (ILC) as a collective actor in the global struggle for basic legal freedoms. We illustrate these two steps with new data on China drawn from a wider project. We show what harms mobilize the ILC, international human rights organizations (IHROs) and an international governmental organization, the UN Human Rights Council (UNHRC). We focus on accountability devices as tools differentially deployed by the ILC, IOs, and UNHRC in theirefforts to influence the ...
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What are the biblical foundations on which Protestant Christian activist lawyers build not only their practices but their vision of a renewed China? This chapter examines the biblical premises and understandings that motivate and sustain... more
What are the biblical foundations on which Protestant Christian activist lawyers build not only their practices but their vision of a renewed China? This chapter examines the biblical premises and understandings that motivate and sustain Protestant activist lawyers in the pursuit of their legal and religious ideals in an increasingly repressive political context. Drawing on extensive sociological research on leading rights lawyers between 2009–2015, the chapter shows how the Bible is integral to their academic and spiritual callings; how they draw on core doctrines of human nature, dignity, equality, freedom, justice, love, fairness, and forgiveness to shape their practices; and the ways that biblical understandings infuse their pursuit of basic legal freedoms, an open civil society, and a restraint on power in a transformed China.
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In an age of expertise, where knowledge ostensibly reigns, global governance not infrequently settles for ignorance. To understand this puzzle, this article draws upon extensive empirical research on two sites within the global... more
In an age of expertise, where knowledge ostensibly reigns, global governance not
infrequently settles for ignorance. To understand this puzzle, this article draws
upon extensive empirical research on two sites within the global governance of
finance. One is directed to the suppression of money laundering and combating
the financing of terrorism by the Financial Action Task Force and International
Monetary Fund. Another intends to stimulate the supply of otherwise scarce
money to financial markets through global lawmaking by the UN Commission
on International Trade Law. In both cases vast enterprises of global regulation
and lawmaking proceed on weakly founded justificatory rhetorics designated
here as ‘plausible folk theories.’ Six properties make a folk theory plausible: par-
simony, face validity, rhetorical compactness, ambiguity, affinity with extant
beliefs, and unexamined premises and logics. Plausible folk theories offer organ-
izational benefits to IOs. They also allow a politics of temporality that may
shorten temporal horizons, or weaken and eliminate IO accountability. Finally,
three variants of ignorance contribute to choices by international organizations
not to get beyond plausible folk theories to justify their regulatory and lawmak-
ing initiatives: inadvertent ignorance, willful ignorance, and strategic or rational
ignorance.
infrequently settles for ignorance. To understand this puzzle, this article draws
upon extensive empirical research on two sites within the global governance of
finance. One is directed to the suppression of money laundering and combating
the financing of terrorism by the Financial Action Task Force and International
Monetary Fund. Another intends to stimulate the supply of otherwise scarce
money to financial markets through global lawmaking by the UN Commission
on International Trade Law. In both cases vast enterprises of global regulation
and lawmaking proceed on weakly founded justificatory rhetorics designated
here as ‘plausible folk theories.’ Six properties make a folk theory plausible: par-
simony, face validity, rhetorical compactness, ambiguity, affinity with extant
beliefs, and unexamined premises and logics. Plausible folk theories offer organ-
izational benefits to IOs. They also allow a politics of temporality that may
shorten temporal horizons, or weaken and eliminate IO accountability. Finally,
three variants of ignorance contribute to choices by international organizations
not to get beyond plausible folk theories to justify their regulatory and lawmak-
ing initiatives: inadvertent ignorance, willful ignorance, and strategic or rational
ignorance.
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There have been two major systemic financial crises during the past 15 years, one regionally focused (the Latin American and Asian Financial Crises), the other more global in its reach (the current Global Financial Crisis). Both crises... more
There have been two major systemic financial crises during the past 15 years, one regionally focused (the Latin American and Asian Financial Crises), the other more global in its reach (the current Global Financial Crisis). Both crises resulted in broad proposals emanating from the G-22 or G-20 to revise the global financial architecture and reform financial and commercial laws. That the G-20 shifted its focus from corporations to consumers should come as no surprise given the origins of the current Global Financial Crisis in the US subprime mortgage crisis, which was itself widely viewed as a failure of consumer protection. More surprising, however, has been the G-20’s failure to include insolvency law reform, whether corporate or consumer, in its sights. This chapter explores the possible reasons for and consequences of this failure.
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ABSTRACT In the past twenty years the legal departments of regional and global international financial institutions have become influential diagnosticians and designers of legal systems. This paper analyzes the intricacies and traces of... more
ABSTRACT In the past twenty years the legal departments of regional and global international financial institutions have become influential diagnosticians and designers of legal systems. This paper analyzes the intricacies and traces of power that surround the use of indicators by four IFI legal departments - the Asian Development Bank, European Bank for Reconstruction and Development, World Bank, International Monetary Fund - with particular reference to indicators of insolvency regimes. On the basis of its empirical research, the paper advances five theoretical propositions. First, the use and form of indicators by any one IFI reflects the structure and dynamics of the ecology of international organizations in which it is embedded. Second, the use of indicators is impelled by organizational imperatives that require IFIs to take on enormous tasks for which they are under-resourced. Third, an implicit and sometimes explicit epistemological tension among professions within IFIs impels their legal departments to diagnose national legal systems with technologies drawn more from the social sciences and finance than law. Fourth, because the competitiveness of IFIs as global normmakers depends upon their legitimacy, they are pressed to adopt representations of complex phenomena - legal systems - in forms that are acceptable to their core constituencies. Fifth, as a lever of legal change indicators are embedded in the recursivity of law which is characteristic of wide-ranging efforts to induce legal change domestically and globally.
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Abstract: Since the G-7 called for a new international financial architecture, international financial institutions have been designing templates for markets and the laws that govern them. Corporate bankruptcy regimes have been among the... more
Abstract: Since the G-7 called for a new international financial architecture, international financial institutions have been designing templates for markets and the laws that govern them. Corporate bankruptcy regimes have been among the bundle of reform packages ...
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Research Interests: Law and Political Science
Research Interests: Sociology and Conscience
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Sociologists of law and economic sociologists will be enthusiastic about Edelman's bold call for heavier sociolegal traffic across the bridges between the legal system and the economy. The Presidential address constructively... more
Sociologists of law and economic sociologists will be enthusiastic about Edelman's bold call for heavier sociolegal traffic across the bridges between the legal system and the economy. The Presidential address constructively conceives of this traffic at two levels: one operates ...
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When a future historian of science reconstructs the emergence of rigorous scholarship of the legal profession in the United States in the later twentieth century, John Heinz will stand as a foundational figure who inspired later... more
When a future historian of science reconstructs the emergence of rigorous scholarship of the legal profession in the United States in the later twentieth century, John Heinz will stand as a foundational figure who inspired later generations of scholars. This volume recognizes Heinz’s pivotal work, not least by publishing yet another increment to his own forty-year corpus of scholarship. This introduction briefly sketches the broad contours of Heinz’s personal scholarship and the lines of research and writing it has stimulated. From the very beginning, Heinz’s work has proceeded along two tracks—the social structure of the legal profession and the power and politics of lawyers. Occasionally, they have intersected in his own work, but notably each line of scholarship has produced highly generative work not only along tracks he himself has pursued, but also along paths taken by his students, sometimes in directions that diverged quite sharply in theory and viewpoints from his own. We demonstrate in turn his impact on studies of social structure and power.
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In her address at the 2009 Colloquium on Sexual Violence as International Crime in The Hague, UN High Commissioner Navanethem Pillay asserted that “there has been a quantum leap forward in the prosecution of sexual violence before... more
In her address at the 2009 Colloquium on Sexual Violence as International Crime in The Hague, UN High Commissioner Navanethem Pillay asserted that “there has been a quantum leap forward in the prosecution of sexual violence before international tribunals.” Women are no longer mere “collateral damage” in armed conflict within and between states. International law now has in place a normative framework to hold perpetrators accountable for systematic sexual violence.lsi_1204 835..838
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The Internet poses a massive problem of making sense out of information. Two movements are taking place, side by side. On the one side, since the entry costs are very low, vast amounts of information of enormous variability in quality and... more
The Internet poses a massive problem of making sense out of information. Two movements are taking place, side by side. On the one side, since the entry costs are very low, vast amounts of information of enormous variability in quality and value are being dumped on the virtual market. On the other side, to make some sense of it, “search entrepreneurs”—Excite, Yahoo, AltaVista—strive valiantly to create automated engines that will retrieve what we want when we want it. They succeed very imperfectly. One or two keywords are a very crude way to capture meaning of any complexity or nuance.
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In 1986 over 400,000 Americans filed for bankruptcy. Their contribution to the USA's growing debt crisis is indicative of the changing economic climate in the country. This study aims to uncover the legal, economic and social reasons... more
In 1986 over 400,000 Americans filed for bankruptcy. Their contribution to the USA's growing debt crisis is indicative of the changing economic climate in the country. This study aims to uncover the legal, economic and social reasons for bankruptcy in America. Besides stories of single mothers, unlucky entrepreneurs, foolish investors and the suddenly unemployed, are the stories of those who deliberately attempt to manipulate the system through legal loopholes. The authors examine these stories from a moral, as well as financial, viewpoint and suggest legal reforms that could point to a way out of the economic jungle.
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Criminal Defense in China studies empirically the everyday work and political mobilization of defense lawyers in China. It builds upon 329 interviews across China, and other social science methods, to investigate and analyze the... more
Criminal Defense in China studies empirically the everyday work and political mobilization of defense lawyers in China. It builds upon 329 interviews across China, and other social science methods, to investigate and analyze the interweaving of politics and practice in five segments of the practicing criminal defense bar in China from 2005 to 2015. This book is the first to examine everyday criminal defense work in China as a political project. The authors engage extensive scholarship on lawyers and political liberalism across the world, from seventeenth-century Europe to late twentieth-century Korea and Taiwan, drawing on theoretical propositions from this body of theory to examine the strategies and constraints of lawyer mobilization in China. The book brings a fresh perspective through its focus on everyday work and ordinary lawyering in an authoritarian context and raises searching questions about law and lawyers, politics and society, in China's uncertain future.