The Consciousness Cycle: Understanding the Distinct Consciousness of State Agents

Yang, Chun

Law is experienced by the public through interactions with government officials. While most legal consciousness studies focus on the consciousness of the general public, this study concentrates on the consciousness of those who shape public consciousness. This paper investigates the influence that agents’ consciousness can have, and how this consciousness interacts with public consciousness. To answer these questions, we examine three types of state agents in China: police involved in the enforcement process, community workers involved in dispute resolution, and mayor’s hotline receptionists involved in the service process. This tripartite division somewhat mirrors the dominant classical classification set by Ewick and Silbey: against the law, with the law, and before the law.

Through qualitative interviews and observations of these officials’ work, this paper presents a linguistic analysis of both the informal and formal working language they use, as well as the messages they aim to convey. Based on this analysis, we argue that their legal consciousness is significantly shaped by the purpose of their specific mission, often in subtle ways, meaning it can vary accordingly. These unstable practices become the source that shapes public consciousness. Furthermore, the public’s reaction, in turn, may influence how the officials perceive the law. This paper describes this process and proposes a grounded theory called the “consciousness cycle”. This theory, derived from everyday experiences, offers a supplementary understanding of how legal consciousness is shaped, mostly from the perspective of state agent, which has been understudied. The study also further explores how officials use the “law” in a rather “creative” manner, demonstrating the detailed process of legal alienation. This process, whether or not it aligns with the state’s preference, is difficult for individuals (the working officials) to control or change, as it often occurs in an undetectable manner.