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.