Legal Complex and Democratization: The Case of Taiwan

• In Event: 036 - Section on Sociology of Law Paper Session. Legal Mobilization and Institutional Politics

Abstract

Researchers have examined Western cases where lawyers within legal complexes have pursued a broadening of their own society’s civil and political rights. The current paper challenges the argument that Taiwan’s legal complex substantially contributed to democratization there. I argue that the legal complex made little contribution to Taiwan’s democratization. Indeed, three types of legal professionals (lawyers, judges, and prosecutors) sought to render the legal complex independent from the state by exploiting a political space opened by other social and political activists. After the goals of independence reform were achieved, the legal complex was not accountable to Taiwan’s democratic politics, nor did the complex contribute significantly to democratic consolidation in Taiwan. This paper shows that the role of Taiwan’s legal complex in the process of democratization has been far more complicated and far less promising than is typically thought.

Author

• Chin-shou Wang, National Cheng Kung University