MCLC Resource Center is pleased to announce publication of Paul Katz’s review of A Certain Justice: Toward an Ecology of the Chinese Legal Imagination, by Haiyan Lee. The review appears below and at its online home: https://u.osu.edu/mclc/book-reviews/paul-katz/. My thanks to Nicholas Kaldis, our literary studies book review editor, for ushering the review to publication.
Kirk Denton, MCLC
A Certain Justice:
Toward An Ecology of the Chinese Legal Imagination
By Haiyan Lee
Reviewed by Paul Katz
MCLC Resource Center Publication (Copyright September, 2023)

Haiyan Lee. A Certain Justice: Toward An Ecology of the Chinese Legal Imagination Chicago: University of Chicago Press, 2023, xii + 352 pp. ISBN-13: 978-0-226-82524-3 (cloth) / ISBN-13: 978-0-226-82525-0 (paper) / ISBN-13: 978-0-226-82526-7 (e-book).
A Certain Justice: Toward An Ecology of the Chinese Legal Imagination represents a pioneering achievement in our understanding of Chinese legal culture as well as its significance in the context of judicial systems worldwide. Haiyan Lee has amassed and boldly explored an astonishing array of literature, ranging from the writings of Lu Xun 魯迅 (1881-1936) and Hannah Arendt (1906-1975) to the Cultural Revolution “model opera” (樣板戲) The White-Haired Girl (白毛女) and Hans Christian Andersen’s The Little Mermaid.
The main goal of the study is to present an overview of how Chinese forms of justice have been conceptualized and practiced from the dynastic era to the present day. Lee endeavors to achieve this goal by exploring texts that have largely been overlooked yet possess the potential to address significant philosophical questions concerning truth, freedom, humanity, etc., particularly literary works that shed light on justice’s place in the complex realities of human life. The author’s views have been profoundly molded by a comparative perspective resulting from her experiences as an immigrant academic as well as from he “enduring fascination” with American legal culture (ix).
The theoretical framework applied in A Certain Justice features a “tension-filled triune” formed by justice, law, and morality (2). A second triune involves the Chinese ideas of qing 情 (human feelings), fa 法 (the law of the land), and li 理 (cosmic order), which Lee posits as being roughly equivalent with customary, bureaucratic, and divine forms of law (4-5). However, the heart of her analysis lies in the concepts of “high” and “low” justice as organizing principles “to make sense of the political-legal culture of a nonliberal society” (in this case China; 7-8), with the former highlighting the “legitimacy and moral supremacy of the ruler” (achieved via penal law) and the latter “fair treatment” of individuals (during civil law procedures; social justice). One of the author’s main arguments stresses the “subsumption of low justice under high justice,” with high justice consisting of actions rulers deem to be justified. Moreover, in order to ensure the attainment of high justice, low justice may on occasion be curtailed, made partial, or otherwise modified (5, 21, 27). Continue reading A Certain Justice review