Skip to main navigation Skip to search Skip to main content

A legal realist view on citizen actions in Hong Kong's umbrella movement

Research output: Journal Publications › Comment / Debate › Research

Abstract

This article considers the legal validity of citizens' actions in civil disobedience as it pertains to the umbrella movement in Hong Kong. It introduces the critical approach of “legal realism” in order to reconsider normative law, such as police enforcement and court interventions, in relation to political struggle. It has been argued that the legal precepts of rights, responsibility, and the rule of law are capable of contingent and contextually appropriate interpretations by different legal actors, including citizens who participate in civil disobedience. In politics, justice, and most importantly law, civil disobedience offers an alternative legal normativity to consider the citizen's right, and even duty, to express dissent. Furthermore, this right or duty is legally persuasive and conducive to guarding democratic principles.

Original languageEnglish
Pages (from-to)412-419
Number of pages8
JournalChinese Journal of Communication
Volume8
Issue number4
Early online date14 Aug 2015
DOIs
Publication statusPublished - 2 Oct 2015
Externally publishedYes

Bibliographical note

Publisher Copyright:
© 2015 The Centre for Chinese Media and Comparative Communication Research, The Chinese University of Hong Kong.

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords

  • Civil disobedience
  • Hong Kong
  • Law and order
  • Legal realism
  • Umbrella movement

Fingerprint

Dive into the research topics of 'A legal realist view on citizen actions in Hong Kong's umbrella movement'. Together they form a unique fingerprint.

Cite this