Judges are respectable, but they are not always so, especially in the Chinese context, with which I suppose Professor Fang is more familiar than Dworkin.It is not a secret that the Chinese government sometimes, if not often, violates fundamental rights of individuals through the process of the so-called factual finding.We may stand by a wrong side if we always rely on the government’s version of stories.
Professor Fang completes his U-turn in paragraph six.He challenges Dworkin’s complaint that Chinese scholars pay much more attention to “relatively theoretical jurisprudential issues” than to specific cases.In his argument, Professor Fang rediscovers the significant progress of legal protection in China, achieved through “scholars’ general discussion.”He finally realizes that those actors in the “adverse-selection” game could also substantively promote Chinese legal reform.Professor Fang thus seems to draw a very different picture of Chinese academic games here.
I absolutely agree that these two pictures are both true.They reflect the different sides of Chinese academic games.The interesting thing is the opportunistic position shift made by Professor Fang.Under the impact of “patriot” complex, many Chinese scholars who can boldly criticize aspects of Chinese society in their classrooms often respond to foreign criticisms with a defensive and resistant attitude, no matter how similar the foreign criticisms are to their own.I start to assume that Professor Fang’s article is also influenced by that complex at this point.And it seemed to be proven true when I finished reading this essay.
After Professor Dworkin made use of his freedom of speech in China, which he found to be “puzzling” and “surprising” because of the latitude given to him by the Chinese authorities,
Professor Fang does not mean to remind us of the awkward reality of how foreign and Chinese academics are treated differently.On the contrary, he reminds us that Dworkin might not “possess more moral courage” because he did not need to run any risk that his Chinese colleagues would run.This is a very brilliant perspective.And it is, in a sense, fairly true.
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