The City-State of Legal People

Author: Qiang Shigong
Publisher:
Publish Date: 2003-12-01
Features: This book is a collection of legal essays by the young legal scholar Qiang Shigong. It takes the professional group of "lawyers" as the focal point for reflecting on China's legal system. Starting from the fundamental common sense that "lawyers do not live in a vacuum but in the political life of the state," the book explores the spiritual pursuits and practical character of lawyers. The author argues that the city-state of lawyers is a community of ethical life, signifying a shared value choice, a shared sense of responsibility, and a shared way of life. Whether lawyers can find their place in this spiritual city-state is a question that must be taken seriously. In the sense of the city-state, the self-identity of lawyers must transform from the identification with legal knowledge to the identification with the ethical life of the city-state. Qiang Shigong emphasizes that what unites lawyers should not be solely legal knowledge, but rather the pursuit of rational truth and the assumption of city-state responsibilities. This is precisely what contemporary lawyers lack. In Qiang Shigong's book "The City-State of Lawyers" (Shanghai Sanlian Bookstore), there is a speech delivered to undergraduate law students. He bluntly states: "What attracts you to law is not truth, but the profession—a profession intertwined with money, status, and position." Indeed, the popularity of the legal discipline and the attractiveness of the legal profession do not necessarily signify progress in the rule of law. If the utilitarian and mercenary tendencies of lawyers are not vigilantly addressed, they may become adversaries of the rule of law. In a society with a strong demand for law, lawyers are inevitably caught in a state of excitement. The media focuses their lenses on them, officials take a fresh look at them, and parties view them as honored guests. This enthusiasm is heavily colored by utilitarianism and pragmatism. The pursuit of the rule of law and legal faith are greatly diminished in the face of practical interests. With the penetration of corrupting toxins, lawyers exhibit a tendency toward interest-groupism. The relationship between judges and lawyers is becoming increasingly subtle, while financial transactions and exchanges of interests are becoming more overt.