Sociocultural Otherness and Minority Justice: A Study on China (Ius Gentium: Comparative Perspectives on Law and Justice, 88)

This book draws attention to the nonlegal, sociocultural aspects of justice for minorities in China. The primary objectives are threefold. The first is to present a tentative analysis of the lived realities of being ‘the other’ in China, with the aim of presenting a critical picture of the complex national context and identifying main concerns and key challenges. Six topics are covered - gender roles, health, class, intimacy, ethnicity and religion, and expression. The second objective is to explore the interaction between a wide range of factors and myriad systems that enable or hinder protection and justice for these groups, be they historical, political, social, or cultural, hoping to open up a rich domain of inquiry for those interested in to what extent and in what ways otherness may or may not survive in China. The third objective is to bring attention to new trends and developments, some are easily identifiable whereas others are less detectable,some are interrelated while others are relatively isolated, some are straightforward and others remain easily misinterpreted. Introducing Sociocultural Otherness and Minority Justice Contextual Background Presumptions as Starting Points Objectives of the Book Outline of the Book Reference Contents 1 Gender Roles and Social Justice 1.1 Introduction: When Nature Clashes with Culture 1.2 Part I: Homosexuality, Ideology and Rights 1.2.1 Same-Sex Attraction in Chinese History 1.2.2 Discrimination: External and Internal 1.2.3 International Inspirations and Local Activism 1.3 Concluding Part I 1.4 Part II: Male Victims of Sexual Abuse 1.4.1 Contextualizing Male Sexual Abuse in China 1.4.2 Forces of Change 1.4.3 The Way Forward: Challenges and Possibilities 1.5 Concluding Part II References 2 Social Norms and the Right to Health 2.1 Part I: Mental Health: Personal Right or Public Duty 2.1.1 China’s Mental Health Reality: Context and Background 2.1.2 Who’s Ill and Who’s not? 2.1.3 Impacts: Health, Social, Economic and Human Rights 2.1.4 The Human Rights Impact Through Stigma 2.2 Concluding Part I 2.3 Part II: HIV/AIDS: Private Sufferings Versus Public Safety 2.3.1 From Disease of Foreigners to Disease of ‘the Other’ 2.3.2 Beyond the Individual: Economic, Cultural and Social Determinants 2.3.3 Stigma and the Role of the Media 2.3.4 New Trends and Forgotten Issues 2.4 Chapter Conclusion: Health is a Right, not a Duty References 3 Structural Reforms and the Individual 3.1 Introduction: The State and the Individual 3.2 Part I: Transformations and Rural Migrants in Urban China 3.2.1 Rural Migrants: Some Introductory Basics 3.2.2 Employment and Dignity 3.2.3 Social, Cultural and Emotional Needs 3.3 Concluding Part I: Class Subject or Social Problem? 3.4 Part II: Shidu Parents in a Child-Centered Society 3.4.1 Policy Background and the Realities of Shidu 3.4.2 Sociocultural Sources of Shidu Otherness 3.4.3 Diversity of Needs and Challenges 3.4.4 Micro and Macro Support 3.5 Concluding Part II: Exclusion and Opportunity References 4 Ethno-Religious Diversity and Sinicization 4.1 Part I: Ethnic Diversity and the Chinese State 4.1.1 Protection of Ethnic Minorities: An Overview 4.1.2 Ethnic Minorities and Cultural Justice 4.1.3 Perceptions of Threat and Other Systemic Obstacles 4.2 Concluding Part I: Between Ideals and Reality 4.3 Part II: Religion in an Atheist State 4.3.1 Key Features in State Regulations of Religious Affairs 4.3.2 (Why) is China Anti-Religion? 4.3.3 Internal Diversity and Broader Issues 4.4 Concluding Part II: Reasonable Expectations in the Age of Sinicization References 5 Intimacy and the Policing of Virtue 5.1 Introduction: Intimacy as Otherness 5.2 Part I: Prostitution, Intimacy and Power Relations 5.2.1 Setting the Scene: Prostitution in a Changing China 5.2.2 Beyond Crime: Prostitution as Sociocultural Otherness 5.2.3 Simplifications of Reality 5.2.4 The Multifaceted Reality of Human Needs 5.3 Concluding Part I 5.4 Part II: Social Expectations and Alternative Family Life 5.4.1 Enduring Philosophies and Changing Practices 5.4.2 Extramarital Relations: Morality, Power Relations, and Identity 5.4.3 Cohabitation: Morality, Intimacy, and Broader Issues 5.4.4 Changing (?) Perceptions of Singlehood 5.5 Chapter Conclusion: When Norms Conflict with Needs References 6 Expression and the Nation State 6.1 Part I: Freedom of Expression and Controversial Art 6.1.1 Introduction: Controversial Art as Cultural Otherness 6.1.2 External and Internal Restraints of Artistic Freedom 6.1.3 Harm and Controversial Art 6.1.4 Morality and Controversial Art 6.1.5 Paternalism and Controversial Art 6.2 Concluding Part I: Is it a Matter of Cultural Sensitivity? 6.3 Part II: Human Flesh Search Engine as Collective Action 6.3.1 Context, Key Features and Controversies 6.3.2 The Role of the Internet and HFSE as Collective Action 6.3.3 Goodness, Badness, Otherness References Conclusion: Beyond Otherness References The third objective is to bring attention to new trends and developments, some are easily identifiable whereas others are less detectable, some are interrelated while others are relatively isolated, some are straightforward and others remain easily misinterpreted.