Jerome Cohen, the “Evergreen Pine of Rule of Law in China,” Remembered

The demise of Jerome Cohen final week on the age of 95 prompted a wave of tributes to the legendary professor of Chinese language regulation. Exterior authorized circles, Cohen might have been finest identified for his involvement within the escape from China of authorized activist Chen Guangcheng, and he was ceaselessly and energetically outspoken in assist of others struggling official repression in China. Apart from ceaselessly discussing their instances with reporters, he additionally embraced running a blog [link currently inactive] , and in 2020 co-hosted a ten-part on-line seminar on “Regulation, Justice and Human Rights in China.”

At his China Heritage weblog, Geremie Barmé translated a tribute from former Tsinghua College regulation professor Xu Zhangrun, whose mistreatment over his criticism of China’s COVID response was extensively chronicled at CDT, China Heritage, and on Cohen’s personal weblog.

Jerome Cohen loved the longevity of a really righteous man, nonetheless, following an prolonged sickness he has now left us. His passing really marks the tip of an period. In what looks like one other age, years in the past Jerry Cohen, our grasp, ventured to this distant land of China to contribute his expertise to the opening of that door, hopeful of with the ability to propagate the rule of regulation for the sake of broader public profit.

[…] Since 2020, Professor Cohen resisted the challenges of the passage of time and remained energetically engaged in writing tasks; he even discovered time to put in writing about my plight on six separate events. He additionally advocated on my behalf regardless that (or as a result of) he knew precisely what destiny had in retailer for me. [Note: See What’s Next for Xu Zhangrun?] He excoriated the regime for its shameless persecution of me, extra importantly he pinpointed the flawed logic behind their machinations whereas figuring out the crux of our troubles within the context of our lived actuality. His concern for the state of the regulation in China was constantly framed by an unflinching advocacy for the rule of regulation itself. For he knew that if true justice is unimaginable we’re all decreased to a state of banditry. Totally conscious of the punishment that might be meted out to me, Professor Cohen invited me to show on the U.S.-Asia Regulation Institute, which he had based at New York College. It was a heartfelt act of generosity provided to me at a time of urgent want, a serving to hand prolonged to a likeminded colleague on the opposite facet of the world who was submerged in iniquity. His generosity was a sensible recognition of our shared humanity. This venerable Professor was not solely a instructor of stature and an unwavering champion of substantive trade between West and East, he was additionally an excellent humanitarian whose real-world actions had been a sensible expression of his beliefs. [Source]

In his Pekingnology publication, Zichen Wang translated one other tribute to “The Evergreen Pine of the Rule of Regulation in China” by Peking College regulation professor Zhang Qianfan, initially revealed at FT Chinese language:

Jerry’s vitality, I imagine, owed a lot to his lighthearted wit and humor—one thing everybody who knew him skilled firsthand. However it additionally got here from his candor. Each time he spoke in China, his phrases had been sharp, incisive, and unreserved—although his humor softened the sting of his critiques, notably on points resembling prison justice. Not like Chinese language students, he didn’t face the identical constraints, although such issues are in fact comprehensible. His frankness jogged my memory of the late Professor Guo Daohui, one in all China’s “Three Elders of the Rule of Regulation” (alongside Professors Jiang Ping and Li Buyun). Guo as soon as stated his secret to longevity was easy: all the time converse the reality. Longevity, it appears, is aware of no borders; honesty is its frequent thread.

Jerry’s heat, generosity, and accessibility endeared him to each Chinese language authorized scholar and pupil who crossed his path. Many regarded him as a real “outdated pal of the Chinese language folks.” The truth is, I’ve lengthy thought that China’s “Three Elders of the Rule of Regulation” ought to actually have been 4—with Jerry included. Lately, because the setting for regulation and rights in China has grown more and more difficult, Jerry’s steadfast voice and unwavering assist for these in want turned all of the extra valuable. Every time a human rights case arose in China, he responded with out hesitation, standing with braveness and conviction.

Within the autumn of 2016, I introduced a gaggle of American constitutional lovers to go to Jerry at NYU’s U.S.-Asia Regulation Institute. He graciously convened a particular seminar for us—extra a dialogue on the rule of regulation than a lecture. Everybody current was struck by his brilliance, his wit, and his gentlemanly grace. Later, as we shared a taxi trip, he recounted how, fairly accidentally, he had launched into the trail of finding out Chinese language regulation—a narrative well-known to many. As we parted, I held his hand and stated: for him, it might have been a “lovely accident,” however for us, it was a “lucky accident.” That such a unprecedented man ought to dedicate many years of his life to advocating tirelessly for the rule of regulation in China was certainly China’s nice fortune. [Source]

Many others remembered Cohen on social media:

R.i.P. Jerome Cohen (July 1, 1930 – September 22, 2025)
Very saddened and shocked to listen to of the passing of Jerry Cohen. He’s the champion of selling rule of regulation and human rights in China and different East Asian international locations. His assist is priceless for my profession and my life.

— tengbiao (@tengbiao.bsky.social) Sep 23, 2025 at 10:37

Jerry Cohen was type and useful when he did not should be. It is a miracle he completed his memoirs, as a result of he was too busy persevering with to reside. In case you’ve realized one thing within the US about regulation in China, you or your lecturers have Jerry to thank. We’ll miss him.
www.wsj.com/world/china/…

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— Graham Webster (@gwbstr.com) Sep 23, 2025 at 9:13

Prof. Cohen was a real “outdated pal of the Chinese language folks.” He was a pioneer in constructing bridges between China and America. He genuinely cared about human rights defenders, prolonged a serving to hand every time he can. RIP. Someday you may be in official Chinese language historical past books, Jerry! https://t.co/9Ypdcxdz8t

— Yaqiu Wang 王亚秋 (@Yaqiu) September 23, 2025

美国的中国及东亚法律专家、纽约大学法学院教授 Jerome Cohen（孔杰荣教授）于周一去世，享年95岁。生前他曾倾力帮助中国的良心人士。R.I.P ！https://t.co/5N5ZkSabuE

— Suyutong (@Suyutong) September 23, 2025

“Jerome Cohen, the American skilled on Chinese language and East Asian regulation and NYU College of Regulation professor, handed away on Monday, aged 95. He devoted his life to serving to folks of conscience in China. R.I.P.!”

His workplace door was all the time open to us reporters in HK and he by no means wasted our time. Loved his appearances throughout Covid lockdown on the New College in Exile course in Chinese language human rights.

— Dinah Lee Küng (@DinahLeeKung) September 23, 2025

关心中国人权的最著名法律教授孔杰荣Jerome Cohen昨天去世，享年95岁，愿他安息。作为最受尊敬的法学泰斗他长期关心支持中国的维权律师，公开批评中共，不断为被迫害的人发出声音，难能可贵。
他曾经推动中国律师的培训和西方法学界交流，后来无法继续。他也长期支持中国人权 @hrichina… pic.twitter.com/yxufWqQEFf

— 周锋锁 Fengsuo Zhou (@ZhouFengSuo) September 23, 2025

“Jerome Cohen, essentially the most famend authorized scholar devoted to human rights in China, handed away yesterday, aged 95. Could he relaxation in peace. A extremely esteemed authorized luminary, he deserves reward for his longstanding concern and assist for China’s rights protection attorneys, public criticism of the Get together, and tireless advocacy for the persecuted. He promoted exchanges between Chinese language attorneys and the Western authorized group till this finally turned untenable. He was additionally a longstanding supporter of our work at Human Rights In China, and made some extent of asking about it after I despatched out an announcement about Li Guobei and Lu Siwei receiving this yr’s China Human Rights Lawyer Award. Though properly into his 90s, he was bodily hearty and mentally sharp, nonetheless preserving abreast of every kind of matters whereas additionally caring for his spouse in her outdated age. It appeared as if he might maintain going eternally, so the information of his departure is particularly surprising and saddening.”

I’m deeply saddened to be taught of the passing of Jerry Cohen. Jerry was not only a colleague on the Council on Overseas Relations—he was a towering determine in China research and a real pioneer who helped form our understanding of Chinese language regulation and society for over six many years.…

— Yanzhong Huang (@YanzhongHuang) September 23, 2025

A large within the subject of China research has handed from our midst, the nice Jerry Cohen. I’m one in all numerous students he mentored & enlightened, all the time w/ a mischievous twinkle in his eye & inspirational tales of non-public involvement.

— John Delury (@JohnDelury) September 23, 2025

Jerry’s affect will likely be felt and reminiscence will likely be cherished for an extended, very long time. He guided new giants within the subject of China and the regulation, @greenlawchina @MargaretKLewis @yujiechentw to call 3, who will proceed his legacy. Relaxation in peace.

— John Delury (@JohnDelury) September 23, 2025

I might not be right here with out Jerry Cohen’s assist and encouragement.

He noticed what he might be taught from, and do for, others-from longtime mates to random college students at his lectures- constructing on strengths moderately than poking at weaknesses.

And this made his criticisms ring true. pic.twitter.com/MgvE9MWmMF

— China Regulation Translate/Jeremy Daum (@chinalawtransl8) September 23, 2025

Ha, all of us appear to have tales about how good Jerry was to us after we had been younger and inexperienced. I met Jerry for the primary time at a celebration about 10 years in the past. He talked to me as if he knew me, as if I used to be his equal.

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— Yaqiu Wang 王亚秋 (@yaqiu.bsky.social) September 23, 2025 at 7:32 PM

The U.S.-Asia Regulation Institute, which Cohen co-founded, highlighted a few of his different notable college students:

Professor Cohen – who most well-liked to be referred to as “Jerry” in individual – had a genius for mentoring and networking. He taught or mentored a number of generations of attorneys, judges, authorities officers, and authorized students at Harvard Regulation College and New York College Regulation College, together with many from East Asia. His former college students embody Ma Ying-jeou, president of Taiwan from 2008-2016; Annette Hsiu-Lien Lu, vp of Taiwan from 2000-2008; Clark Randt Jr., US ambassador to China from 2000-2009; and Stephen Orlins, present president of the Nationwide Committee on U.S.-China Relations. Regardless of his more and more elevated connections, Professor Cohen remained famously accessible to college students and younger attorneys, generously offering suggestions and introductions.

[…] What distinguished Professor Cohen from many different international consultants on East Asia was his insistence on pursuing open-minded, respectful communication with authoritarians in China and elsewhere within the area, whereas additionally publicly critiquing their human rights abuses and different shortcomings of their authorized techniques. This strategy discomforted each those that argue that authoritarians needs to be remoted and people who argue that criticisms needs to be made solely in personal so as to “save face.” In one other instance of his refusal to hew to black-and-white positions, he each advocated US normalization of relations with the Individuals’s Republic of China within the Seventies, understanding that it might imply ending formal ties with the rival Republic of China on Taiwan, and was a staunch supporter of Taiwan’s wrestle as a brand new democracy to stay a member of the worldwide group.

In 2020, the federal government of Taiwan awarded him the Order of Sensible Star with Grand Cordon for his contributions to selling Taiwan-US authorized exchanges. Then-Ambassador Lily L. W. Hsu, director common of the Taipei Financial and Cultural Workplace in New York, additionally thanked him for his contributions to the event of human rights and the rule of regulation in Taiwan. “It’s honest to say that Jerry has not solely witnessed all the transformation of Taiwan into the full-fledged democracy it’s at this time, but additionally performed no small function within the course of,” she stated. [Source]

On X, Taiwan’s Ministry of Overseas Affairs described Cohen as a “steadfast pal of Taiwan’s democracy. We’re grateful for his lifelong assist for freedom & prolong our deepest condolences to his family members.”

In a 2020 profile at The Wire China, Jason Fry and Chloe Fox described a serious shift in Cohen’s profession after a decade in company regulation within the early years of Reform and Opening:

The Tiananmen Sq. bloodbath in 1989 quickly crystallized Cohen’s true pursuits. “After June 4, I made a decision it was extra necessary to cope with human rights than with industrial regulation,” he says. “Issues had shifted in China.”

The prison justice system had emerged as an instrument of suppression, and Cohen watched in horror as deans at Beijing’s budding regulation colleges defended the shift by distinguishing between its use on “counterrevolutionaries” and “the folks.” Whereas he remained at [New York law firm] Paul Weiss till 2000, he joined NYU’s Regulation College in 1990 and co-founded the U.S.-Asia Regulation Institute hoping to advance political and civil regulation within the nation.

“He might have hung it up years in the past or many years in the past and retired as a accomplice from Paul Weiss,” says Margaret Lewis, a former pupil who now teaches at Seton Corridor. “He didn’t. He had this entire different chapter specializing in human rights and the rule of regulation. It actually was in his third act that he moved to the forefront.”

[…] Cohen has additionally seemed on as Beijing, below the rule of Xi Jinping, has mounted a ferocious crackdown on all types of dissent, jailing outstanding attorneys and even constructing mass detention facilities to accommodate the ethnic Muslim minorities in Xinjiang, within the nation’s far northwest. In Hong Kong — as soon as a mannequin of free speech and press freedom — merely holding up an indication expressing disenchantment with Beijing could possibly be grounds for arrest.

For a person who has devoted his life to patiently pushing the boulder of engagement with China up the hill, these rollbacks undoubtedly include a little bit of a Sisyphean sting.

“As the daddy of all this,” Orlins says, “I believe he’s notably damage and disenchanted on the remedy of attorneys, the shortage of an unbiased judiciary, and Get together interference within the judicial course of. Issues which we had been longing for, and watched change.” [Source]

In February, Cohen revealed his memoir, “Eastward, Westward: A Life in Regulation.” In a chapter excerpted at China Books Overview, he mirrored on the query: “Was Serving to China Construct Its Publish-1978 Authorized System A Mistake?” and argued that “from the angle of the late Seventies, it was crucial to assist China mitigate the dangers of additional impoverishment and renewed political chaos.”

Ought to these of us who cooperated with China in its sudden starvation for Western regulation have refused on political grounds? 40 years later, fueled by hindsight, critics now gaining favor in Washington say that we must always have realized that our efforts would strengthen an ever extra repressive communist dictatorship that’s stated now to threaten liberal-democratic international locations and worldwide safety in addition to its personal folks. On the time, nonetheless, a authorities that had repudiated the Cultural Revolution’s killing of a number of million folks and persecution of maybe 100 million extra was looking for our assist in utilizing regulation to forestall a recurrence of that nationwide tragedy.

[…] On political grounds, I really feel no guilt or remorse in regards to the years spent cooperating with China through the halcyon days of the largely optimistic Nineteen Eighties previous to the bloodbath of June 4. Nor am I uncertain in regards to the desirability of constant that cooperation at this time, because the U.S.-Asia Regulation Institute at New York College’s College of Regulation, and different international establishments, wrestle to do. Serving to to cut back the variety of wrongful convictions in China, helping in lessening the period of time alleged offenders spend in infamous pretrial detention, striving to reinforce protections for the nation’s embattled human rights attorneys, and selling the achievement of equal rights for ladies are helpful companies, regardless that success in these efforts might contribute to the soundness of the communist regime by assuaging necessary grievances. As Chinese language mates have privately emphasised, the Western effort has strengthened the Chinese language folks’s eager for “equal justice below regulation.” I imagine in cooperation with the PRC the place attainable and smart, whereas additionally endorsing competitors in economics and even containment, as crucial, in political-military affairs.

[…] What’s at stake, in our collective quest to reply these questions and to grasp China, is greater than the theoretical and sensible advantages to be derived from the indifferent educational examine of comparative regulation. I prefer to imagine that my maybe extreme ardour for the topic of arbitrary detention includes not a lot private ego as recognition of the necessity I hope all of us really feel to increase to Chinese language folks the advantages of “equal justice below regulation.” Core amongst these advantages is safety in opposition to the cruelty and injustice of arbitrary detention, wherever it happens. That’s the reason I’ve emphasised my sympathy for all of the victims of China’s more and more subtle repression. [Source]

A key focus of this concern since 2015 had been the victims of the 709 (July 9) Crackdown on China’s group of rights attorneys. Cohen marked the tenth anniversary of the crackdown this yr with an essay co-authored by exiled authorized scholar Teng Biao and revealed at The Wire China:

A decade later, the reminiscence of 709 stays a grim milestone within the CCP’s battle on the rule of regulation. However it additionally stays a testomony to the braveness and resistance of those that struggle for justice and rule of regulation inside a dictatorial system.

[…] By the point Xi Jinping got here to energy, the CCP was already dealing with a multifaceted disaster. Its ideology had misplaced its enchantment. The web had tremendously undermined the effectiveness of censorship and propaganda. Environmental degradation, unrest in border areas, and public dissatisfaction with the system had been constructing for many years. Most essentially and critically, the financial system had begun to decelerate, worsening China’s socio-political issues.

Within the face of those mounting crises, the Communist Get together’s concern of a “shade revolution” inevitably intensified. Within the eyes of Xi Jinping and the Get together management, the earlier stage of repression was now not adequate to cease civil society from posing a direct risk to the regime. The brand new mannequin of suppression was not reactive, however deliberate and systematic; it didn’t goal simply those that crossed crimson strains however geared toward wiping out civil society as a complete, and destroying the capability for collective resistance.

Xi Jinping abolished the two-term restrict for the presidency, intensified censorship on the web, media and in colleges, shut down hundreds of NGOs, persecuted non secular teams, arrested entrepreneurs, journalists, artists, teachers and anybody who disobeyed its dictates. By implementing the Nationwide Safety Regulation in Hong Kong in 2020, the CCP openly and intentionally destroyed Hong Kong’s freedom. Since 2017, between one and three million Uyghurs, Kazaks and different Turkic folks in Xinjiang (East Turkestan) have been detained in focus camps. Tibet’s index of freedom is now decrease than North Korea, as reported by the Freedom Home. As a part of this political purge, the 709 Crackdown despatched a transparent message: what the CCP needs just isn’t rule of regulation, however rule by concern. [Source]

In a 2020 interview with Hong Kong Free Press, discussing the deteriorating scenario throughout China, Cohen stated: “In fact I really feel terribly unhappy, I really feel terribly offended. I really feel I’ve to do every little thing I can to extend public understanding of what’s about to happen. I’ve an obligation due to my information and expertise of 60 years.” He additionally expressed optimism about longer-term prospects, nonetheless. As he advised NYU Regulation Journal in 2009 that, “Seeing the modifications I’ve seen in China during the last 40 years, I do know that [genuine rule of law] is feasible. And what higher use for my life? I’ve engaged in significant work, and I’m having an impression.” In a December 2024 interview with Evan Peng for The Wire China, Cohen commented:

There are crises in international locations the place some folks win, some lose — we’re dealing with one right here within the U.S. that may inform our route. So I’ve all the time regarded the long run as open with regard to China. A lot depends upon how we play our playing cards, and far relies upon, in fact, on their inside improvement. However the future is usually unpredictable, so I can’t say.

Bear in mind, I’m outdated. I’m older than the era of my college students and colleagues who’re of their 70s now, however they took June 4 [1989 — the Tiananmen massacre] more durable than I did. They’d solely identified the interval of the late Seventies and Nineteen Eighties, by and huge a really optimistic interval. I had lived by way of the Cultural Revolution, so I knew China might go from one approach to one other, because it did in 1966, and so I wasn’t so stunned on the current years’ developments. And I nonetheless assume the long run is open.

I’m not completely pessimistic, as some persons are. China’s improvement has been pendulum-like: one excessive to the opposite, forwards and backwards. It relies upon the place on the pendulum that you just find issues. In the intervening time, we’re in a repressive interval. That gained’t final. It may possibly’t final. [Source]