The past two decades have witnessed Macao’s development into the casino capital of the world. Casinos have significantly transformed all respects of Macao society—a phenomenon termed as the casinoization of Macao. While much research has explored how casinoization has affected Macao’s socioeconomic developments, empirical research on the relationship between casinoization and law enforcement agencies is extremely limited. Using official statistics and interviews with serving and retired police officers as well as police applicants in Macao, this article examines the quick-money mentality, laissez-faire regulation, and the paradox of plenty, three features of casinoization, and their profound impact on the Macao police. First, the early phase of casino liberalization created a draining effect on human capital from the police force. Second, the lucrative casino tax revenues empowered the government to resolve the labour shortage issue and significantly improve the police image. Third, casinoization inadvertently reinforced the colonial legacy of laissez-faire regulation, hampering the progress of institutional reforms. Fourth, the decline of casino has contributed to the unprecedented “police fever” among the youth in Macao.

This paper, with a focus on the status of tsunami disaster victims affected by the 2011 East Japan Earthquake, investigates into the status of private property rights in facing with the reviving legal instrumentalism in Japan, under the campaign of land law reform for the elimination of “land without identifiable owners” in the name of facilitating the disaster recovery, by means of the “special zone” method or the designation of lawless areas where the normal time law is excluded, with the particularly targeted area for such exclusion being the constitutional requirements of due process and fair compensation in public taking. Under the extraordinary setting of absolute majority of conservative party at the National Diet in the aftermath of the 2011 great disaster, legislations in Japan during this decade have been characterized by a manifestation of neo-liberal policy, driving the entire Japanese legal system into a corner. Facts observed in present Japanese society are not different from those observed in other authoritarian regimes in Asia, including the phenomenon of “land grabbing” by the governmental projects, which Asia once experienced a century ago for the colonial land enclosure by “wasteland management.”

This article analyses the paradoxical relationship between the relative decline and resurgence of national sovereignty in the context of economic and informational globalisation, the rise of mega-platforms, the sovereign individuals hidden within blockchains, and large model behemoths free from the feature design of programming. It highlights how the decline of sovereignty has given rise to concepts such as “the digital sovereignty” in Europe and “the sovereign blockchain” in China, while the resurgence of sovereignty has led to theories like the “surveillance society” in North America and the “electronic forbidding leave” metaphor in China. In any case, with the AI-driven era, “the Algorithmic Leviathan” is becoming an extremely powerful dominating force that countries and laws must confront. To prevent its runaway abuse, it is necessary to consolidate a basic consensus through global digital compacts and institutionalise it through legal and technical due process—this is the essence of the digital rule of law.

Concentrated corporate power and failures to manage the distribution of risk mean that workers bear the heaviest burden in globalised apparel supply chains. Law and associated normative frameworks seek to strengthen collective worker voice and other worker rights to tip the scales of unequal bargaining power to benefit the workers. However, some of the traditional tools of labour law such as unionising and collective bargaining have weakened over the years and exacerbated during the COVID-19 pandemic. Using a conceptual framework based on regulatory theory, feminist insights, and semi-autonomous social fields, this article examines the law-practice gap for regulating just wages within the apparel supply chain, responses, and how workers fight wage theft and carve out pathways to demand just wage standards. Drawing from the case of Sri Lanka, the article discusses how alternative forms of worker voice seek to fill in the implementation gaps. The findings of this study demonstrate worker initiatives to shape the regulation of just wages and how networked labour activism, especially by women workers, prompts to re-imagine structures of actor accountability on wage rights.

In Hong Kong, the percentage of older drug users has increased over the last two decades. However, the motivations behind their drug-use behaviours have received little research attention. This study focuses on older drug users who are enrolled in methadone treatment programmes but still use illicit drugs (mixed use). Some studies in the criminological literature and government discourse consider drug users to be passive and lacking self-control. However, in-depth interviews in with 25 older mixed users (aged over 50 years) in Hong Kong revealed that mixed use is one of the various strategies they actively employ to improve their self-perceived quality of life. Using the framework of the selective optimization with compensation model, this study (1) describes the strategies older mixed users adopt as active agents to improve their self-perceived quality of life while coexisting with their addiction; and (2) explains how these strategies were affected and constrained by Hong Kong’s prohibitionist drug policy. I infer that prohibitionist drug policies that emphasize on total drug abstinence may fail to cater to the needs of older drug users who have undergone several relapses and treatments in their lifetimes and do not think they can give up using drugs. This study also provides evidence to show how some drug users may act as active agents to manage and coexist with their addiction, and their agency seems to be constrained by the wider drug policy implemented in Hong Kong.

This paper examines two responses to the global constitutional crises in the twentieth century, with a focus on a comparison between Carl Schmitt, a notorious German political theorist and critic of liberal constitutionalism and Zhang Junmai, a constitutionalist in Republican China. After the First World War, both Germany and China experienced constitutional crises, which prompted critical reflections among intellectuals. My paper is the first to discover and examine the latent element of Carl Schmitt in Zhang Junmai’s acceptance of the Weimar Constitution. My research shows that Zhang’s 1930 article, “Hugo Preuss (Author of the New German Constitution), His Concept of the State and His Position in the History of German Political Theory” (德國新憲起草者柏呂斯之國家觀念及其在德國政治學說史上之地位) is his Chinese translation of Carl Schmitt’s 1930 article, “Hugo Preuss: His Concept of the State and His Position in German State Theory” (“Hugo Preuss: Sein Staatsbegriff und seine Stellung in der deutschen Staatslehre”). Instead of simply regarding Zhang’s writing as plagiarism, my paper interrogates the gaps between Carl Schmitt’s original text and Zhang’s translation. By examining the intertextual relation between Carl Schmitt and Zhang Junmai, this paper reveals a latent aspect of the spectrum of Constitutionalism in the twentieth century and shows a special dialogue between a German critic of constitutionalism and a Chinese constitutionalist.

Drawing on the theory of the legal opportunity structure, this article traces the progress of prison reform in Taiwan by highlighting how a case of parole revocation in the beginning led to an overhaul of the prison system in the end. This article argues that, through four interpretations of the Constitutional Court and the legal opportunity structure shaped thereby, including the split between courts, creation and expansion of inmates’ access to court, and the support from allies, the prison reform was eventually achieved. Theoretically, this article makes two contributions to the literature: (1) the combination of inactive legislature and reactive executive branch as the political context is decisive to the openness of the legal opportunity structure for it increases the receptivity of a proactive judiciary; (2) the international human rights frame incorporated into the legal stock by the Constitutional Court made the prison reform an ongoing process rather than a done work.

Prosecutors in adversarial systems are simultaneously expected to be impartial ministers of justice and partisan advocates. Leaving this tension unaddressed can result in poor-quality prosecutorial decision-making. This article develops a novel “dynamic” framework for prosecutors to navigate between and prioritize these competing considerations, which can be used to understand, evaluate, and improve prosecutorial performance. Under this framework, the prioritization should depend on which function the prosecutor is exercising at any given time. The article then deploys primary data collected in Delhi, through court observation and interviews with judges, lawyers, victims, and victim-support persons, to exemplify and justify the framework.

Law enforcement institutions in India are undergoing fundamental media technological transformations, integrating digital media technologies into crime investigation, documentation, and presentation methods. This article seeks to understand these transformations by examining the curious case of 65-B certificates, a mandatory paper document that gatekeeps and governs the life of new media objects as evidence in the Indian legal system. In exploring the tensions that arise when bureaucratic institutions change their means of information production, the article reflects on the continued stubborn presence of paper at this transformative juncture in the life of legal institutions. By studying the role of paper in bureaucratic practices, analyzing jurisprudential debates and case law surrounding 65-B certificates, and thinking through some scattered ethnographic encounters around these certificates involving police officers, forensic scientists, and practicing lawyers, this article argues that despite ongoing digital transformations, law essentially remains a technology of paper.

This article examines the empire-wide legal professional community that emerged for the first time in Chinese history during the Qing period (1644–1911). By analyzing a wide range of archival records and primary sources, this study provides valuable insights into the dynamic configurations of late imperial China’s legal culture and juridical field, as well as the thousands of legal specialists who shaped them. The findings challenge much of the received wisdom about late imperial China, which has too often been assumed as a Confucian society that discouraged the use of law and legal expertise and was therefore unlikely to have witnessed so many Confucian literati becoming legal specialists, both within and outside the judicial system.

Fundraising fraud is one of the most serious and complicated financial crimes in China. It has an intertwined relationship with a regulatory offence, known as illegally taking in deposits from the general public (ITIDFGP). In judicial practice, ITIDFGP works as the downgraded form of fundraising fraud. This article explores why fundraising fraud is identified as financial fraud whereas ITIDFGP is a regulatory offence. The paper discerns the essence of fraud in Chinese criminal law and critically examines the concept of “intention to possess illegally.” It argues that ITIDFGP should be classified as a form of fraud de jure, although, in reality, there are policy considerations behind its categorization as a regulatory offence. The paper also suggests that the role played by the socioeconomic policy in Chinese criminal-law legislation should be fully acknowledged.

Dark patterns have become a pervasive issue around the world. However, Indonesia has not taken any action to deal with the situation. This article aims to analyse the issue of dark patterns in digital platforms from Indonesia’s consumer protection law perspective. It contends that Indonesia’s consumer protection law is not adequate in overcoming the issue of dark patterns in digital platforms. Several laws regulate basic principles and provisions that indirectly prohibit dark patterns, but these regulations can only be applied to certain forms of dark patterns and are difficult to implement. The article suggests that Indonesia must specifically regulate the prohibition of the practices of dark patterns in its current law. The regulations do not have to define the term “dark patterns” directly; however, they should expressly regulate prohibitions against the practice of using design interfaces in a way that subverts or impairs consumers’ autonomy and/or exploits consumers’ behavioural biases.

The consumption of shaojiu or distilled liquor played a significant role in Qing legal culture and contributed to a rise in alcohol-related crimes. Qing officials’ attitudes towards intoxication not only influenced their judgments on many cases, but also reflected important trends of popular beliefs, notions, and practices that constituted shared knowledge and feelings between ordinary people and judges. This paper examines the transformation of Qing judicial practices and concerns regarding alcohol intoxication and crimes, arguing that specific cultural value and ideas that underpinned the public configuration of drinking behaviour during the Qing period contributed to a social pathology around intoxication. Due to the lack of a consistent interpretation of the effects of alcohol on the mind, early Qing officials tended to be lenient towards intoxicated offenders. However, mid-Qing law-makers and rulers recognized the serious administrative concerns associated with heavy drinking and began to conceptualize it as a serious social problem.

Existing literature has highlighted the importance of recognizing health fraud offenders’ intentional manipulations of victims’ vulnerabilities. However, the manipulation tactics of health fraud have received little attention. This study aims to extend the current understanding of health fraud by incorporating the concept of emotional labour. Nested in the Chinese context, which owns the most populous ageing population, three sets of qualitative data were collected, including 13 semi-structured interviews, 233 judicial documents, and 197 media reports. The findings suggest that health fraud offenders utilized three types of emotional labour as means of committing crime: including the labour of anxiety relief, the labour of filial piety, and the labour of social networking. This article not only provides novel insights into understanding health fraud, but also contributes to introducing the concept of emotional labour in criminological and socio-legal studies.

Empirical work consistently finds that Chinese courts resolve civil cases by finding a compromise solution. But beyond this split-it-down-the-middle tendency, when and how do Chinese courts arrive at decisions that feel “fair and just” in cases in which they invoke those ideas? Drawing on a data set of 9,485 tort cases, we find that Chinese courts impose liability on two types of parties with ethical, but not legal, obligation to victims: (1) participants in a shared activity and (2) those who control a physical space. In these cases, Chinese courts stretch the law to spread losses through communities and to acknowledge traumatic harm. Considering fairness, then, returns Chinese courts to their long-standing role as managers of communities who respond to misfortune by assigning legal responsibility to relationships that range from intimate to surprisingly tenuous.

The omnipresence of change has been singled out as posing an important challenge to law, both in theory and in practice, throughout its history. Arguably, the most efficient method of adapting the law to constant changes is legal education. Recent changes in the global arena have added to the complexity of the expected role of future legal talents, requiring them to acquire not only a profound knowledge of local and global laws but also a variety of legal as well as non-legal skills. This article presents some of the principal challenges faced by law schools and legal education in the world of today. These challenges are then explored using the example of a new Bachelor of Laws (LL.B.) degree programme in Chinese Law and Global Legal Studies in the English Language that will be offered by the Faculty of Law of the University of Macau in Macao, China.

Social-creative metaverses, which foster user creativity and encourage user-generated content, promise a revolution in digital creativity. However, metaverse developers often enforce strict regulations on user-generated content through user terms and conditions, restricting or permitting its reuse. These rules place an artificial barrier between users and their copyright, often waiving moral rights and making economic rights subject to mandatory licences. Using Second Life as a case study, this article demonstrates how metaverse regulations undermine users’ intellectual property rights and control over their creations. Furthermore, it examines emerging intellectual property policies in Japan, South Korea, and China, noting a lack of awareness regarding the impact of these regulatory layers on user creativity. Highlighting the importance of the external regulation of user terms and conditions, the article proposes potential policies and strategies for East Asia and beyond to protect users’ copyright ownership and mitigate the negative effects of restrictive metaverse terms and conditions.

This paper provides a detailed exploration of the sale of offices in China and France in the seventeenth and eighteenth centuries. In France, the sale of offices became deeply integrated into the officialdom, effectively serving as a formal institution. It was a part of the financial framework and contributed to the operation of the bureaucracy. However, this practice led to public dissatisfaction due to concerns about the fairness of the judicial system. Conversely, in China, the sale of offices was less formalized and more directly associated with corruption due to the close connection with informal income and the challenge to the formal system of imperial civil examinations. It was considered an ad hoc, informal, and pragmatic solution to financial emergencies. The sale of offices, in a different context, was seen as having both positive and negative aspects, with its impact varying, depending on the specific function it served.