Legal Orientalism: CHINA, THE UNITED STATES,
AND MODERN LAW
Subject
: Law— China—Philosophy—History. 2. Rule of law— China—
History, Rule of law— China—Public opinion, Sociologial
jurisprudence— China, Law— United States— Philosophy—
History, Rule of law, Orientalism, Legal Orientalism
Publisher
: Harvard University Press
Summary :LAW’S ORIENT CONSTITUTES a wide and uneven terrain. Th is book
describes the itinerary of one par tic u lar journey across that terrain, with a
focus on China and the United States. Law is a key aspect of the po liti cal
ontology of the modern world. It is exceedingly diffi cult, if not impossible,
for us to think of politics outside of the framework of states, and of states
outside of law. At the same time, no understanding of the world today is
complete without consideration of China’s place in it. Th e diffi culties begin
when we seek to combine the inquiries into law and China. Where is China
in law’s world? And why is the United States an important part of the answer
to that question?
If there is one image of China that is seared in the collective consciousness
of the West, it is that of a solitary man facing a tank in Tiananmen Square on
June 4, 1989. Indeed, after the end of the Cold War and the roughly contemporaneous
massacre by the Chinese government of its own citizens,
China has come to occupy the role of the leading human rights violator in
the East— a position left vacant by the collapse of the USSR. While the
People’s Republic of China (PRC) has by now secured itself a solid reputation as a law breaker in chief, the United States has emerged as the world’s chief
law enforcer as well as its leading law exporter, administering programs for
the promotion of rule- of- law everywhere— and perhaps nowhere as vigorously
as in China.
Th is book starts from the premise that the complex and unstable relationship
among China, the United States, and legal modernity is of utmost
global signifi cance. To map that relationship, it analyzes law as a fundamental
element in the modern worldview that conceives the individual—
the singular human being— as the paradigmatic existential, po liti cal, and
legal subject and the state as the privileged medium for the instantiation of
its universal values, through law. More than just a set of rules for regulating
behavior, law in this larger sense is a structure of the po liti cal imagination—
“a distinctive manner of imagining the real,” in Cliff ord Geertz’s words. One
of its most important imagined Others is the Orient, and legal Orientalism
is the discourse in which it is imagined.
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