Home
/
RELIGION & LIBERTY ONLINE
/
China has a lawless government
China has a lawless government
Sep 7, 2026 12:49 AM

There’s rarely a day when China isn’t featured prominently in the news. Once upon a time, most of that coverage was about China’s rise out of poverty. Now, however, greater attention is being given to some decidedly negative developments. These include the country’s growing economic problems, its systematic violations of religious liberty, or the efforts to suppress protestors in Hong Kong.

In one sense, the theme linking all these problems is that of authoritarianism, verging on totalitarianism. That in turn points to another, perhaps deeper challenge facing China which as recently highlighted by the law professor Adam J. Macleod in a Public Discourse essay entitled “Piracy, Protests, and the Problem of China.” Putting it bluntly, Macleod argues that “The Chinese government is lawless.”

By that, Macleod doesn’t mean that there are no laws in China. “The Chinese ruling party’s lawlessness,” he writes, “is not for a lack of posited laws.” But, Macleod states, “Law does e only from governments. Contra positivists and legal pragmatists, to adhere to one’s own regulations and to obtain the sanction of courts of last resort does not make a nation’s actions lawful.”

Macleod’s point is that “the problem of China is a problem of tyranny: the ruling Communist Party views itself as above the law.” China’s government does not, for instance, consider itself bound by the treaties into which it freely enters, let alone what’s called “the law of nations:” that is, “the universal law of civilized people by ancient custom and by necessity,” “determinations of natural law,” and “fundamental, fully-specified universal duties not mit intrinsic wrongs.”

China’s lawlessness is especially manifest in the way the Chinese government approaches economic life. According to Macleod,

China’s most egregious economic adventures are also violations of basic law. panies that are probably controlled by the Communist Party steal trade secrets worth billions of dollars, which can be used to control munications and Internet connectivity for years e. By one estimate, twenty percent of panies have suffered intellectual property theft by hands in China. Intellectual property is property. Developed nations and nations that want to develop economically recognize the importance of protecting the fundamental rights of innovators. China’s seizure of intellectual property should be understood as trespass and theft. The Chinese government takes what by right belongs to others, without whose creative and risk-laden labors the innovations and technologies that make economic growth possible would not exist.

Read the whole article. For my money, Macleod’s piece is one of those rare analysis that gets to the root of how and why the Chinese regime behaves the way that it does today.

Featured image: Andrew Mercer [CC BY-SA 4.0]

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Debating the Ethics of Chimeras
My piece on the debate over chimera research and the relevance of your worldview to the debate appears today at BreakPoint, “A Monster Created in Man’s Image.” Drawing on the work of C.S. Lewis, and among the questions and conclusions included, I write, “Chimera research may indeed have some potential benefits, but we cannot ignore the question of potential costs. What toll does such research take on the dignity of human beings? Must we destroy the human person in order...
Classical Liberalism, Foreign Policy, and Just War
One of the more lively and illuminating discussions at last week’s Advanced Studies in Freedom seminar revolved around the question whether and how classical liberalism is applicable to foreign policy, specifically with regard to questions of war. In the New York Times earlier this week, Robert Wright, a senior fellow at the New America Foundation, wrote a lengthy op-ed that bears on the relevant questions, “An American Foreign Policy That Both Realists and Idealists Should Fall in Love With.” Wright...
Money for Nothing, or So it Seems
These kinds of stories make me sick, and they are all mon. In today’s Washington Post, a lengthy article examines the Livestock Compensation Program, which ran from 2002-2003, and cost over $1.2 billion. In “No Drought Required For Federal Drought Aid,” Gilbert M. Gaul, Dan Morgan and Sarah Cohen report that over half of that money, “$635 million went to ranchers and dairy farmers in areas where there was moderate drought or none at all, according to an analysis of...
Businesspeople are Evil!
A very, very interesting piece in WSJ this week detailing a study by the Business and Media Institute that looks at how businesspeople are portrayed on television: The study, titled “Bad Company,” looked at the top 12 TV dramas during May and November in 2005, ranging from crime shows like “CSI” to the goofy “Desperate Housewives.” Out of 39 episodes that featured business-related plots, the study found, 77% advanced a negative view of the world merce and its practitioners. On...
Milosz
“…can one build something lasting if the goal is not truth, but power? The few, most penetrating minds of that time understood that what constitutes the sickness of contemporary culture is the repudiation of truth for the sake of action…” Czeslaw Milosz, 1942 ...
How about making it a permanent internship?
Every morning I make a point checking out for unintentionally hilarious news about the workings of the EU bureaucracy. Yesterday there was this article about an internship program with a twist. Instead of ing to Brussels, this one is designed for 350 EU senior officials to spend time with small- and medium-sized businesses in member states. “We don’t need an ivory tower mented Mr Verheugen, suggesting that by acquiring such a “hands-on experience” in SMEs, mission’s administrators will understand their...
Transcendence and Obsolescence: The Responsible Stewardship of Oil
In this mentary, “Transcendence and Obsolescence: The Responsible Stewardship of Oil,” I ask the question: “Why did God create oil?” I raise the question within the context of debates about global warming and the burning of fossil fuels, including Al Gore’s movie An Inconvenient Truth and the work of the Evangelical Climate Initiative. I argue that nonrenewable resources, especially fossil fuels, “have the created purpose of providing relatively cheap and pervasive sources of energy. These limited and finite resources help...
Politicizing Scripture
There’s some discussion at Mirror of Justice (here and here) of Martin Marty’s recent piece in The Christian Century, “Snookered,” which raises the issue of the validity of politicians invoking Scripture, using the example of Tom DeLay. The new progressive Christian approach seems to be to assert, rightly of course, that “God is not a Republican. Or a Democrat,” and is rather more nuanced and convincing than, say, “Jesus is a Liberal.” And since so much politics, aside from a...
How Just Must a Just War Be?
As a follow-up to yesterday’s post about just war, I’m passing along this TCS Daily piece by Prof. Bainbridge, “Just War for the Sake of Argument” (it’s also discussed at The Remedy and Bainbridge’s own blog). Bainbridge’s piece measures the current Lebanon/Israel conflict by the standards of just war, and finds it wanting. He makes the following important point: “Although Catholic scholars and theologians have thus made valuable contributions to the just war tradition down through the centuries, the principles...
Government and the Decline of Urban Catholicism
Notre Dame law professor Richard Garnett wrote an outstanding piece for USA Today. He argues convincingly that the large-scale and widespread withdrawal of Catholic institutions from many of the nation’s cities has ramifications that extend beyond the interests of Catholics alone. He notes, too, that government has a role to play in facilitating the flourishing of religious institutions such as Catholic churches and hospitals—mainly by honoring a properly understood separation of church and state: Is there anything the government and...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved