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Book Reviews, China and Inner Asia
Volume 87 – No. 2

DEFENDING RIGHTS IN CONTEMPORARY CHINA | By Jonathan Benney

Routledge/Asian Studies Association of Australia (ASAA) East Asian Series, 12. London; New York: Routledge, 2013. xi, 197 pp. (Figures, tables.) US$145.00, cloth. ISBN 978-0-415-69430-8.


Jonathan Benney has written an important book that shows how talk about weiquan, rights defense, became embedded in official discourse and policies, and then was taken up, challenged and modified by different groups in society, such as ordinary citizens, consumer activists, lawyers and dissidents. The book adds to our understanding of how norms and terms develop and travel both among different groups within a given society as well as across national borders. Within the field of human rights studies, several scholars have drawn attention to processes of vernacularization of ideas, and this book, albeit not drawing on this strand of literature, nevertheless can be seen as contributing to the debate. Benney should also be commended for going beyond earlier more static cultural/intellectual studies of rights and human rights towards a more ethnographic-based study that shows how rights are understood, debated and embedded among different stakeholders and in diverse struggles in a rapidly changing Chinese society. The book builds on earlier works on the fragmented nature of the Chinese state, addressing how state-society relations have changed during the reform period, and how new stakeholders such as NGOs, social campaigners and lawyers have emerged and use new strategies and methods such as information and communication technologies (ICTs) to identify and defend their rights. Whereas many earlier works have addressed the history and debates on human rights in China, legal developments, rights struggles as part of protests and social movements, and the views and struggles of special groups of individuals, such as lawyers and dissidents, Benney’s book shows how these debates and struggles are connected. The author accomplishes this by taking an interdisciplinary approach that draws on insights from sociology, media studies and legal studies.

Benney’s book thus aims to provide an overview of the complex development of both the notion and practice of weiquan. The book consists of an introductory chapter addressing the development of the term, and subsequent chapters discuss how the major actors, identified as the government, ordinary citizens and lawyers, separately and in negotiation with each other have understood, used and shaped weiquan. Weiquan, thus, is not a static or uncontested notion, but ambiguous and evolving, and it is used strategically by different actors in specific and ever new contexts. The emphasis on different stakeholders’ “strategic” use turns our attention to the practice rather than the theory behind the notion. By focusing on rights defense as a strategy and framing device, the author avoids getting too bogged down in more abstract discussions on the sources of rights and whether or in what way Chinese citizens’ understanding of rights differ from citizens in the so-called West—a debate that has been raging for some time.

Benney provides a convincing argument for how the government’s own initial use and advocacy of weiquan opened up a Pandora’s box that encouraged Chinese citizens to use and couch their own activities and demands in those terms. Given the prominence and widespread use of the term today, and bearing in mind that according to Benney it was not used at all before 1992, it is interesting how little we actually know about its origin and early developments and the rapid dissemination and appropriation by different groups in society. Despite Benney’s own discussion of the rise and use of the term in the Chinese media and in different policy statements, 
there is still much left to explore about how and why different official institutions and individuals pushed the notion of weiquan, and how their understanding and use of the term has developed with time. It seems that weiquan developed more as a domestic discourse initiated and pushed by the Ministry of Justice, and thus in some isolation from the official Chinese human rights discourse where the Ministry of Foreign Affairs played a more prominent role. Be that as it may, certain groups such as dissidents and lawyers soon came to relate weiquan to the international human rights discourse, showing how a certain term can get new connotations and be adopted for other uses than originally intended.

The rapid diffusion and adoption of weiquan is in no small part due to the diffusion and growth of the Internet in China. The Internet has, despite tight control and censorship, opened up a space for Chinese citizens to conceptualize, demand and fight for rights, as well as get support from others, thus challenging the official discourse. The diversification and commercialization of the Chinese media has also meant that journalists in the more critical media outlets today are able to report and spread the language of weiquan by publishing successful cases of rights defenders such as the consumer activist Wang Hai, discussed by Benney.

The book’s empirical part draws on a selection of case studies that show how different individuals have appropriated the state-sanctioned notion of rights defense and then used it to legitimize their own struggles, although very often in the process challenging the state. One could argue that Benney’s selection of cases focuses too much on well-placed and informed middle-class citizens whose struggles have been given good coverage in the media, and that their topics, consumer issues and property rights, thus reflect this group’s particular concerns. Although Benney briefly discusses areas such as labour rights and women’s rights, more studies of how other groups of citizens with grievances use weiquan, or if they prefer other concepts, and how successful such appropriation really is, and in what circumstances, are much needed. Benney also addresses the special role of lawyers in rights defense and their more vocal role in society today. The book’s conclusion and recent developments in China reveal an official retreat and backlash for weiquanboth as notion and practice, which serves to further alert us to its ambiguous status and the precarious situation for those who try to practice it.


Marina Svensson
Lund University, Lund, Sweden

pp. 317-319

Pacific Affairs

An International Review of Asia and the Pacific

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