2014
DOI: 10.1111/aman.12119
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Making Law: Small-Scale Trade and Corrupt Exceptions at the Vietnam-China Border

Abstract: In Vietnam's postreform era, the proliferation of profiteering opportunities have, in addition to creating new forms of corruption, transmuted previously prevailing types of corrupt acts in multiple ways across different levels of state-society relations. Everyday corrupt practices have thus become an essential means of economic survival for many. Starting from the metaphorical framing of petty bribery as "making law," I propose the notion of what I term "corrupt exception" as a conceptual tool to explore the … Show more

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Cited by 36 publications
(47 citation statements)
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References 38 publications
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“…During the high socialist period (1954–1986), party leaders sought to replace irrational “feudal land practices” with rational and progressive Soviet law (Phạm Điềm 2013). Government regulators soon discovered, however, that the public expected them to rule through có lý có tính (reason and sentiment) (Endres ; Gillespie ; Malarney ). For centuries, regulators were instructed in the Confucian tradition of self‐cultivation ( tự thân ), which grounded ethical governance on contemplation and self‐awareness (Kelley ; Shohet ).…”
Section: Mapping the Interface Between Socialist Land Law And Privatementioning
confidence: 99%
See 1 more Smart Citation
“…During the high socialist period (1954–1986), party leaders sought to replace irrational “feudal land practices” with rational and progressive Soviet law (Phạm Điềm 2013). Government regulators soon discovered, however, that the public expected them to rule through có lý có tính (reason and sentiment) (Endres ; Gillespie ; Malarney ). For centuries, regulators were instructed in the Confucian tradition of self‐cultivation ( tự thân ), which grounded ethical governance on contemplation and self‐awareness (Kelley ; Shohet ).…”
Section: Mapping the Interface Between Socialist Land Law And Privatementioning
confidence: 99%
“…In contrast, regulators at provincial and district levels were expected by the public to apply the law with reason and sentiment ( tình cảm ). This involved a type of relational regulation (Silbey ) in which regulators responded to local conditions by flexibly applying laws and regulations to avoid causing hardship to the people (Endres ; Gillespie ; Malarney ). Studies show that sensitivity to public disapproval has deep roots in Vietnamese land administration (Labbé ).…”
Section: Mapping the Interface Between Socialist Land Law And Privatementioning
confidence: 99%
“…Those carrying merchandise were charged an extra 15,000 đồng per kilogram (around 70 US cents). In addition, the ferry boat option required the smuggler to negotiate complicated bribe arrangements with various local law enforcement agencies and state officials (Endres 2014). Considering all the fees and costs, the ferry boat option was only worthwhile for either large loads of contraband or for illegal items that were difficult to hide on the body.…”
Section: Contraband and Competitionmentioning
confidence: 99%
“…Given their special geographic locations and settlements of ethnic minorities, the border regions are becoming very sensitive areas for China in terms of maintaining foreign and ethnic relations. Domestic and international research on China's borders has mainly focused on social and economic development [1][2][3][4], resources and environmental problems [5][6][7][8][9][10], border management [11,12], trade and cooperation with neighboring countries [13][14][15][16][17][18][19], and security issues [20][21][22][23][24][25][26].…”
Section: Introductionmentioning
confidence: 99%