"More recently, the dynamics of the U.S.-China trade war have also prompted me to see new opportunities to engage with this question. I now believe it may be a useful moment to offer a brief introduction to the state-family narrative that has shaped Chinese history, and to consider its implications for contemporary legal and political debates."
"As Professor Fineman often notes, the state has always been acting; the critical questions are whose interests it acts for, and in what manner it acts. Implicit in this formulation is that the state stands at some distance from other social institutions and individuals under the classical social contract tradition, securing protection in exchange for citizens' partial surrender of their liberty. Within that distance, the state must articulate a justification for its actions-for example: rebuilding individual resilience in light of human vulnerability."
The state-family narrative has shaped Chinese history and continues to influence legal responses to domestic violence. The concept invites comparison with the responsive state, which grounds state action in an obligation to foster individual resilience. Under classical social contract theory the state stands at some distance from other social institutions, providing protection in exchange for citizens' partial surrender of liberty. Within that distance the state must justify interventions, for example by rebuilding resilience in light of human vulnerability. Contemporary geopolitical shifts, including U.S.-China trade tensions, create new openings to reassess how the state should act in addressing domestic violence and related legal reforms.
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