> if you decided to fight one of those laws, you could do it openly and publicly and in principle it would be a fair fight.
Yes, but here you may have assumed that "openly and publicly" is a precondition for fairness. I do not think openness and publicity of fights is the only way to get fairness. Or at least this can be discussed and we should allow that, on one side openness is often faked, on the other that private and closed tractations may to some extent result in a decision or in a law that is efficient and corresponds to the long term better good of the concerned people (i.e. what they would really choose if given all the elements, and not disturbed by red herrings)
For instance, if the governing elite is composed of ("extracted from") people from all parts of society, attracting the best of them with some good rewards (e.g. not money, but something like "good fame") and they collegially discuss important issues using the powers of associations, it could very well be a sane way to distillate the will of the people. Maybe even a saner way than ours (where representatives are elected from their good-looking face, this has been proven).
I don't know, I'm kind of skeptical of the ability of closed elites from anywhere doing things that are fair. We've seen the last few years how tightly linked elites in European/US societies have been evading tax responsibilities, trampling on constitutions or laws to spy on citizens, protecting those responsible for the 2008 crisis, fabricating evidence for various invasions etc. I just mean to say that temptation is too great - openness is too often a toothless tool, but it helps check those elites when their interests veer wildy away from the common good.
China is weird because it's so closed, and it's often tempting to say that the elites here are doing a pretty good job of doing what's best for the people. Until you read about how much money they are making personally from abusing their positions.
> if you decided to fight one of those laws, you could do it openly and publicly and in principle it would be a fair fight.
Yes, but here you may have assumed that "openly and publicly" is a precondition for fairness. I do not think openness and publicity of fights is the only way to get fairness. Or at least this can be discussed and we should allow that, on one side openness is often faked, on the other that private and closed tractations may to some extent result in a decision or in a law that is efficient and corresponds to the long term better good of the concerned people (i.e. what they would really choose if given all the elements, and not disturbed by red herrings)
For instance, if the governing elite is composed of ("extracted from") people from all parts of society, attracting the best of them with some good rewards (e.g. not money, but something like "good fame") and they collegially discuss important issues using the powers of associations, it could very well be a sane way to distillate the will of the people. Maybe even a saner way than ours (where representatives are elected from their good-looking face, this has been proven).