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1 - Law and Development in Light of China’s Rise

Two Puzzles

Published online by Cambridge University Press:  02 April 2026

Susan H. Whiting
Affiliation:
University of Washington, Seattle
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Summary

Grounded in comparative politics, this chapter presents new theory in comparative political economy: First, it argues that, in the context of technological transition, a legal system that facilitates reassignment of property rights, making certain rights less secure, plays an important and under-theorized role in promoting economic development. It focuses on China’s technological transition from a rural, agricultural economy to an urban, industrial one to highlight the relationship between technology change, reassignment of land rights, and transformative economic growth. The chapter reinterprets England’s post–Glorious-Revolution reassignment of land rights, using enclosure, estate, turnpike, and other parliamentary acts, in light of China’s rise. It also identifies the problem of state misallocation of land resources in the Chinese case. Second, it argues that the authoritarian state also invests in the formal legal system in order to manage conflict over changes in land rights and to legitimate the state. It revisits England’s eighteenth-century use of law, including the Riot Act and Black Act, to contain protest over dispossession and compares it to China’s embrace of authoritarian legality to repress conflict. The chapter defines liberal and illiberal law in both form and content and locates the analysis in the context of the law-and-development movement.

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