New Publication Announcement: Legal and Ritological Dynamics of Personalized “Pillars of Shame” in Chinese Social Credit System Construction

I am delighted to announce the publication of my latest article, Legal and Ritualological Dynamics of Personalized ‘Pillars of Shame’ in Chinese Social Credit System Construction,” featured in the latest issue of The China Review (Vol. 24, No. 3). This work explores the intersection of the Chinese Social Credit System (SCS) with the Confucian ritual legal tradition and the rhetoric of public shaming. It integrates insights from rhetorical studies and philosophy of law to examine how the SCS operates as both a governance-by-data experiment and a framework that aligns with—and diverges from—domestic and transnational constitutional norms.

In particular, the article delves into the use of personalized “public shaming” by local Chinese authorities, analyzing how these practices serve as ritualistic public performances aimed at restoring trustworthiness in a hyper-connected society. By positioning the SCS within the broader context of Chinese intellectual history and legal tradition, the study reveals the complex dynamics of this system as a modern tool of governance.

Below is the abstract for the article, and you can access the full text here.

Abstract: This article argues that the construction of the Chinese Social Credit System (SCS) largely adheres to the Confucian ritual legal tradition, serving as a tacit “societal constitutional” framework in contemporary China. On the one hand, the SCS aligns with established normative traditions and moral language inherent in Chinese culture. On the other hand, it represents a divergence from post-WWII transnational constitutionalism and rule-of-law norms, contrasting externally with international standards and internally with socialist rule-of-law narratives. This study examines one of the most ambitious social engineering projects in post-economic reform China, which also represents a significant 21st-century governance-by-data experiment. The first part of the article leverages perspectives from Chinese intellectual history, ritual studies, and comparative legal scholarship as analytical tools to examine the deeper discursive structures within the SCS. The second part uses a transdisciplinary approach to analyze recent instances of data-driven, personalized “public shaming” as urban enforcement by local Chinese authorities. These practices, symbolizing “pillars of shame,” function not only as disciplinary mechanisms against chronic debt defaulters, known as lǎolài, but also as public rituals performed to restore trustworthiness in an “always-connected” society.

I want to extend my gratitude to Björn Ahl (Institute of East Asian Studies, University of Cologne) for organizing this special issue focused on Law and Social Credit in China. As highlighted in his introduction co-authored with Larry Catá Backer (Pennsylvania State University), and Yongxi Chen (ANU College of Law), the development of the SCS signals a “fundamental transformation of how law is enforced, as well as a profound alteration of the forms and functions of law itself.”

This issue also features insightful contributions from leading scholars in the field, including:

  • Marianne von Blomberg and Björn Ahl, Debating the Legality of Social Credit Measures in China: A Review of Chinese Legal Scholarship
  • Haixu Yu, The Evolving Complex of the Chinese Corporate Tax Credit System and Tax Law
  • Larry Catá Backer, Social Credit ‘in’ or ‘as’ the Cage of Regulation of Socialist Legality
  • Chun Peng, Building a High-trust Society: Lineage, Logic, and Limitations of China’s Social Credit System
  • Yongxi Chen, Disregarding Blameworthiness, Prioritizing Deterrence: Social Credit-based Punishment and the Erosion of Individual Autonomy

The full article of “Legal and Ritualological Dynamics of Personalized ‘Pillars of Shame’ in Chinese Social Credit System Construction” may be accessed here.

Vulnerability Theory and Digital Intimacy: ‘Pillars of Shame’ in the Age of Big Data

I am excited to share with you a recap of my recent presentation titled “Vulnerability Theory and Digital Intimacy: ‘Pillars of Shame’ in the Age of Big Data.” This thought-provoking session took place at the Vulnerability Theory and Digital Intimacy Workshop, hosted by convened by Professor Martha Albertson Fineman and The Vulnerability and the Human Condition Initiative at Emory University School of Law on March 24, 2023.

During the presentation, I delved into the fascinating field of digital governance technologies and their role as modern public shaming rituals. I explored the impact of these technologies on individuals’ vulnerability in the digital age and drew connections to Martha Fineman’s vulnerability theory of law.

Throughout the session, I shed light on the intricate relationship between digital intimacy and vulnerability. I introduced the concept of “Pillars of Shame” to illustrate how digital platforms can become tools for public shaming, affecting individuals’ sense of self, privacy, and overall well-being.

By delving into this topic, I raised crucial questions about the ethical and social implications of the widespread use of digital technologies, and an appreciation of the potential consequences of digital shaming and its effects on individual lives. The presentation emphasized the need for a comprehensive understanding of vulnerability theory in the context of modern governance and digital rhetoric.

The ensuing discussion was lively and engaging, with attendees actively participating and sharing their perspectives. The workshop provided an invaluable opportunity for interdisciplinary dialogue, with participants from diverse backgrounds contributing their expertise to the conversation.

In conclusion, I highlighted the importance of continued research and collaboration in this field. The insights from my presentation have the potential to shape policy discussions and inform the development of legal frameworks that consider the vulnerability of individuals in the age of big data.

I extend my sincere appreciation to Professor Martha Albertson Fineman who organized and hosted the Vulnerability Theory and Digital Intimacy Workshop, and to all who attended this public scholarship event. Your presence and active involvement made the event a resounding success. I encourage you to continue the important conversations initiated during the workshop and explore the diverse perspectives and ideas that emerged.

 

Upcoming Emory REALC Faculty Spotlight Series lecture on Feb. 6

Upcoming Feb. 6 public lecture: “Social and Moral Engineering in the Age of Big Data: Personalized ‘Pillars of Shame’ and the Chinese Social Credit System”

Hosted by REALC Faculty Spotlight Series, Emory University
Format: Online
Time: Monday evening, Feb 6, 2023, 7:00 PM – 8:00 PM (US Eastern Standard Time)
Event link https://emory.zoom.us/j/94409772969

For my upcoming Feb. 6 public lecture hosted by Emory REALC Faculty Spotlight Series, I will be discussing the legal and rhetorical dynamics of public shaming policy experiments in China, as a part of their ongoing Social Credit System project.

The construction of the Chinese Social Credit System (SCS) represents one of the most ambitious social engineering projects in post-Mao China. It is also arguably the most significant governance-by-data experiment thus far the 21st century. This lecture explores the ways in which the SCS project was prompted by a ritual impulse to inculcate Chinese societal moral character in the big data age.