Traditional Chinese Legalist (fajia 法家) philosophy is often understood as advocating Rule by Law as distinguished from the Rule of Law. However, it has been argued (Winston 2005) that the concept of law in such Legalist philosophy is actually consistent with Lon Fuller's theory of legality. More recently, drawing on Fraenkel’s concept of the ‘dual state’ in the study of the legal system of Nazi Germany, Meierhenrich (2018) has theorised on the concept of ‘authoritarian rule of law’. The concept of the ‘dual state’ has also been used to study the contemporary Russian legal system. Also drawing on the ‘dual state’ theory, Dyzenhaus (2020, 2022) has developed several ideal-types in addition to the Rule of Law state and the Dual State – the ‘Apartheid State’ (based on the study of South Africa in the apartheid era) and the ‘Parallel State’ (based on the study of the legal system applicable to Palestinians in the Occupied Territories), all of which exist in a ‘continuum of legality’ or ‘politics of legal space’. This Special Workshop will explore the nature of these concepts, and evaluate their utility in the comparative study of the legal systems in the contemporary world, particularly the legal systems of authoritarian or hybrid regimes.

References
Dyzenhaus, David (2020), ‘Legal theory and the politics of legal space’, https://ssrn.com/abstract=3615175
Dyzenhaus, David (2022), ‘The legal experience of injustice’, https://www.law.nyu.edu/sites/default/files/David%20Dynehous%20The%20Legal%20Experience%20of%20Injustice.pdf
Meierhenrich, Jens (2018), The Remnants of the Rechtsstaat: An Ethnography of Nazi Law (OUP)


<Note for Participants at the Workshop>


This workshop will be conducted in English.
All scholars interested in the theme of the workshop are welcome to participate, either as a speaker (presenting a paper) or as a member of the audience.
Anyone who wishes to present a paper is kindly requested (a) to register to participate in the IVR World Congress, and, at the same time, (b) to email the contact person for this workshop (Professor Tai-Uk Chung, chung.taiuk@gmail.com):
(1) to indicate that he/she would like to be a speaker presenting a paper at this workshop, and attaching a brief CV and a paper proposal (consisting of the title of the paper and an abstract of not more than 300 words), and
(2) to submit to Prof. Chung the paper (or a summary of the paper as mentioned below) by 20 June 2024, to facilitate the preparation for the smooth conduct of the workshop.

If a speaker is not able to submit the full text of the paper, s/he is requested to submit a summary of the paper (of at least 1500 words in length).

If the number of proposed speakers (paper presenters) exceeds the time available for presentation at the workshop, the co-convenors will accept for presentation only papers that are more directly relevant to the theme of the workshop and are submitted relatively earlier in time.

Depending on what is the total number of speakers at the workshop, each speaker will be allotted no less than 12 and not more than 20 minutes to present his/her paper. In addition, some time will be allowed for discussion with the audience.