Legitimation of Illegality in Authoritarian States: The Case of Transnational Illegal Drug Brokerage in China

Abstract

Abstract This paper analyzes how illegality can be legitimized in authoritarian states by examining a contested case of transnational illegal drug brokerage in China. Triangulating news articles, legal documents, and interviews, the study distinguishes between two pathways of illegality legitimation: depoliticized and politicized. I argue that the depoliticized pathway is made possible through pragmatic, moral, and legalistic frames, whereas the politicized pathway builds upon an institutional frame. I also identify the media as essential agents of illegality legitimation. While illegal-practice participants and the legal authority tend to only mobilize depoliticized frames, the media make both depoliticized and politicized efforts. Through this in-depth analysis, the paper deepens our understanding of the social construction of illegality and the intricate relation between law, media, and society within authoritarian states.