1 Despite Warnings, China’s Regulators Failed to Stop Tainted Milk By Jim Yardley and David Barboza Published: September 26, 2008 China Photos, via Getty Images The tainted-milk crisis has devastated China’s dairy industry. Farmers in Hubei Province poured out milk they could not sell.
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1 Despite Warnings, China’s Regulators Failed to Stop Tainted Milk By Jim Yardley and David Barboza Published: September 26, 2008 China Photos, via Getty.
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Despite Warnings, China’s Regulators Failed to Stop Tainted Milk
By Jim Yardley and David BarbozaPublished: September 26, 2008
China Photos, via Getty Images
The tainted-milk crisis has devastated China’s dairy industry. Farmers in
Hubei Province poured out milk they could not sell.
– Editor at Southern Weekend ( 南方周末) reveals prohibitions on publishing tainted milk story before the Olympics
– What does this mean for “thick” rule of law? (stay tuned)
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Tainted milk scandal• Personnel control
– Sanlu Group• Hebei Province Communist Party appointed the
company’s chairperson, who was also a party official.
• What does this mean for corporate governance?
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Tainted milk scandal
• Politicization of institutions– Ministry of Health
• Gansu Provincial Health Bureau reports not investigated
• Did the Ministry of Health violate any law?
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“China milk victim lawyers say pressed to quit,” Reuters 9/28/08
• “Local rights advocates and lawyers have mobilized to support families seeking redress, possibly by suing dairies or officials who failed to disclose the problem.”
• “Chinese lawyers…are facing growing official pressure to abandon efforts [to seek redress], blaming growing government sensitivity over the health scandal.”
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Introducing “rule of law”
• Rule of law vs. rule by law
• Thin vs. thick conceptualizations of law
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Introducing “rule of law”
• Rule by law– “Law exists not to limit the state but to serve
its power (Carothers)”– Ruling elites are “above the law”
(not subject to law)– Ruling elites use law instrumentally to control
the polity, society, economy
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Introducing “rule of law”
• Thin rule of law minimal
• Laws are public, consistent, capable of being enforced
• Ruling elites are not “above the law”
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Introducing “rule of law” • Thick rule of law maximal
(Carothers, Democracy & Rule of Law Project at the Carnegie Endowment)
– Laws are public knowledge, clear in meaning– Political leaders are equally subject to law– Judiciary is independent– Institutions and personnel are competent– Citizens enjoy
• civil and political rights• right of Habeas Corpus (court decides legality of
detention/imprisonment)• presumption of innocence
– Democracy?– Capitalism?
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Introducing “rule of law”
• How does Peerenboom characterize the Chinese legal system?
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Follow up from last class
• Discussion of Chinese law– Penal in nature—oriented toward punishment– Not designed to protect individual rights
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Confucianism
• “li” 礼 – Correct performance of Confucian ritual– Rules of proper conduct for social relationships – “Etiquette” (gentlemen master “li”)– Everything that makes for harmony– Customary cultural norms
Chaos/disorder comes from failure to live according to “li”
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Confucianism• Ideal
– Government based on virtue (de, 德 ) and ritual/customary norms of social conduct (li, 礼 )
– If people were cultivated through ritual (li), then an ideal society could be created on the basis of virtue (de).
• The state is the extension of the family– Confucian “3 bonds and 5 relationships”Ruler:ministerFather:sonHusband:wifeElder brother:younger brother Friend:friend
• Five Tenets of Confucius: ruler should be a sage/moral exemplar