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Qualified to be deviant: stigma-management strategies among Chinese leftover women

Published online by Cambridge University Press:  11 October 2021

Qian Liu
Qian Liu*
Affiliation:
Centre for Asia-Pacific Initiatives, University of Victoria, Victoria, BC, Canada
*
*Corresponding author. E-mail: [email protected]
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Abstract

This paper highlights the intersection of gender, sexuality and class in shaping the ways in which ‘leftover’ women navigate legal and social discrimination. ‘Leftover women’ is a stigmatising term in China that refers to women who do not get married by the time they reach their late twenties. Based on my fieldwork in China with queer and heterosexual ‘leftover’ women, I introduce two strategies of stigma management: ‘buying a licence to be deviant’ and ‘identity-hopping’. The former is a strategy adopted by heterosexual women with financial resources and a desire frequently expressed by queer women. ‘Buying a licence to be deviant’ refers to the strategy of accumulating sufficient financial resources to justify one's choice to be deviant and deal with the legal consequences of the evasion of the population policies. ‘Identity-hopping’ is popular among those with a lower social and financial status, who use the law's labelling function to hop from one stigmatised identity to another as a way to deal with stigma. From an intersectional lens, this paper advances law and society's study of stigma and discrimination by emphasising the hierarchy of stigmatised identities and the strategy of using the law's power of labelling identities to hop from one identity to another. It also demonstrates how the intersection of gender, sexuality and class complicates the ways in which leftover women understand and engage with the law.

Keywords

legal consciousnesssociologywomen's rightsintersectionalityidentityChina
Type
Special Issue Article
Information
International Journal of Law in Context , Volume 17 , Special Issue 3: Stigmatisation, Identities and the Law: Asian and Comparative Perspectives , September 2021 , pp. 284 - 300
Copyright
Copyright © The Author(s), 2021. Published by Cambridge University Press

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References

Barreto, M and Ellemers, N (2010) Current issues in the study of social stigma: some controversies and unresolved issues. Journal of Social Issues 66, 431–445.CrossRefGoogle Scholar
China, Youth Daily (2016) Qiuzhi Qiba Xianxiang Danshen Weisha Ping buguo You Wa de? (求职奇葩现象：单身为啥拼不过有娃的 [Strange Phenomenon during Job Seeking: Why Singles Cannot Compete with Those with Kids]? Beijing: People.cn. Available at http://edu.people.com.cn/n1/2016/0114/c1053-28051933.html (accessed 8 June 2021).Google Scholar
Cho, S, Crenshaw, K and McCall, L (2013) Toward a field of intersectionality studies: theory, applications, and praxis. Signs: Journal of Women in Culture and Society 38, 785–810.CrossRefGoogle Scholar
Choi, SY and Luo, M (2016) Performative family: homosexuality, marriage and intergenerational dynamics in China. British Journal of Sociology 67, 260–280.CrossRefGoogle ScholarPubMed
Chua, L (2019) The Politics of Love in Myanmar: LGBT Mobilization and Human Rights as a Way of Life. Stanford : Stanford University Press.Google Scholar
Chua, L and Engel, D (2019) Legal consciousness reconsidered. Annual Review of Law and Social Science 15, 1–19.CrossRefGoogle Scholar
Chua, L and Gilbert, D (2015) Sexual orientation and gender identity minorities in transition: LGBT rights and activism in Myanmar. Human Rights Quarterly 37, 1–28.CrossRefGoogle Scholar
Collins, P (2019) Intersectionality as Critical Social Theory. Durham: Duke University Press.CrossRefGoogle Scholar
Crenshaw, K (1989) Demarginalizing the intersection of race and sex: a Black feminist critique of antidiscrimination doctorine, feminist theory and antiracist politics. University of Chicago Legal Forum 139–167.Google Scholar
Davis, D (2014) Privatization of marriage in post-socialist China. Modern China 40, 551–577.CrossRefGoogle Scholar
Davis, D and Friedman, S (2014) Deinstitutionalizing marriage and sexuality. In Davis, D and Friedman, S (eds), Wives, Husbands, and Lovers: Marriage and Sexuality in Hong Kong, Taiwan, and Urban China. Stanford: Stanford University Press, pp. 1–38.CrossRefGoogle Scholar
Engebretsen, E (2016) Under pressure: lesbian-gay contract marriages and their patriarchal bargains. In Santos, G and Harrell, S (eds), Transforming Patriarchy: Chinese Families in the Twenty-first Century. Seattle/London: University of Washington Press, pp. 163–181.Google Scholar
Engel, D and Munger, F (2003) Rights of Inclusion: Law and Identity in the Life Stories of Americans with Disabilities. Chicago: The University of Chicago Press.CrossRefGoogle Scholar
Evans, H (2008) The Subject of Gender: Daughters and Mothers in Urban China. Lanham, MD: Rowman & Littlefield.Google Scholar
Fang, X (2016) Shui shi Shengnv (谁是剩女) [Who are leftover women]. Lanzhou Wenli Xueyuan Xuebao 32, 92–93.Google Scholar
Fincher, LH (2014) Leftover Women: The Resurgence of Gender Inequality in China. London: Zed Books.CrossRefGoogle Scholar
Goffman, E (1963/1986) Stigma: Notes on the Management of Spoiled Identity. Englewood Cliffs, NJ: Prentice-Hall.Google Scholar
Harding, R (2011). Regulating Sexuality: Legal Consciousness in Lesbian and Gay Lives. Abingdon, Oxon: Routledge.Google Scholar
Hull, K (2016) Legal consciousness in marginalized groups: the case of LGBT people. Law & Society Inquiry 41, 551–572.CrossRefGoogle Scholar
Ikels, C (2004) Filial Piety: Practice and Discourse in Contemporary East Asia. Stanford: Stanford University Press.Google Scholar
Jeffreys, E and Yu, H (2015) Sex in China. Malden, MA: Polity Press.Google Scholar
Link, BG and Phelan, J (2001) Conceptualizing stigma. Annual Review of Sociology 27, 363–385.CrossRefGoogle Scholar
Link, BG and Phelan, J (2014) Stigma power. Social Science & Medicine 103, 24–32.CrossRefGoogle ScholarPubMed
Liu, M (2013) Two gay men seeking two lesbians: an analysis of xinghun (formality marriage) ads on China's Tianya.cn. Sexuality & Culture 17, 494–511.CrossRefGoogle Scholar
Liu, Q (2018) Legal consciousness of the leftover woman: law and qing in Chinese family relations. Asian Journal of Law and Society 5, 7–27.CrossRefGoogle Scholar
Liu, Q (2019) Unmarried mothers in China and their feminist resistance: demanding legal rights or social understanding? In Wu, G, Feng, Y and Lansdowne, H (eds), Gender Dynamics, Feminist Activism and Social Transformation in China. Abingdon, Oxon/New York, NY: Routledge, pp. 166–184.Google Scholar
Liu, Q (2021) Relational dignity, state law, and Chinese leftover women's choices in marriage and childbearing. Asian Journal of Law and Society First View, 1–17.Google Scholar
Liu, S (2021) Cage for the birds: on the social transformation of Chinese law, 1999–2019. China Law and Society Review 5, 66–87.CrossRefGoogle Scholar
Mann, S (2011) Gender and Sexuality in Modern Chinese History. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Orne, J (2013) Queers in the line of fire: Goffman's stigma revisited. The Sociological Quarterly 54, 229–253.10.1111/tsq.12001CrossRefGoogle Scholar
Parker, R and Aggleton, P (2003) HIV and AIDS-related stigma and discrimination: a conceptual framework and implications for action. Social Science & Medicine 57, 13–24.CrossRefGoogle Scholar
Radics, G (2019) Human rights in Asia. In Chiang, H (ed.), Global Encyclopedia of Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) History. Farmington Hills, MI: Charles Scribner's Sons, pp. 784–789.Google Scholar
Rice, C, Harrison, E and Friedman, M (2019) Doing justice to intersectionality in research. Cultural Studies Critical Methodologies 19, 409–420.10.1177/1532708619829779CrossRefGoogle Scholar
Saguy, AC and Ward, A (2011) Coming out as fat: rethinking stigma. Social Psychology Quarterly 74, 53–75.CrossRefGoogle Scholar
Snow, DA and Anderson, L (1987) Identity work among the homeless: the verbal construction and avowal of personal identities. American Journal of Sociology 92, 1336–1371.10.1086/228668CrossRefGoogle Scholar
Taub, DE, Blinde, EM and Greer, KR (1999) Stigma management through participation in sport and physical activity: experiences of male college students with physical disabilities. Human Relations 52, 1469–1484.CrossRefGoogle Scholar
Taub, DE, McLorg, PA and Fanflik, PL (2004) Stigma management strategies among women with physical disabilities: contrasting approaches of downplaying or claiming a disability status. Deviant Behavior 25, 169–190.CrossRefGoogle Scholar
Technical Norms of Assisted Reproductive Technologies (2018) State Council of the People’s Republic of China, Beijing: gov.cn. Available at http://www.gov.cn/zhengce/content/2008-03/28/content_6521.htm (accessed 6 August 2020).Google Scholar
Toyoki, S and Brown, A (2014) Stigma, identity and power: managing stigmatized identities through discourse. Human Relations 67, 715–737.CrossRefGoogle Scholar
Tyler, I and Slater, T (2018) Rethinking the sociology of stigma. Sociological Review 66, 721–743.CrossRefGoogle Scholar
Van Laar, C et al. (2019) Coping with stigma in the workplace: understanding the role of threat regulation, supportive factors, and potential hidden costs. Frontiers in Psychology 10, 1–21.CrossRefGoogle ScholarPubMed
Worthen, M (2020) Queers, Bis, and Straight Lies: An Intersectional Examination of LGBTQ Stigma. New York/London: Routledge.CrossRefGoogle Scholar
Zhang, J and Sun, P (2014) When are you going to get married? Parental matchmaking and middle-class women in contemporary urban China. in Davis, D and Friedman, S (eds), Wives, Husbands, and Lovers: Marriage and Sexuality in Hong Kong, Taiwan, and Urban China. Stanford: Stanford University Press, pp. 118–144.Google Scholar
Zheng, C, Ai, J and Liu, S (2017) The elastic ceiling: gender and professional career in Chinese courts. Law & Society Review 51, 168–199.CrossRefGoogle Scholar