Abstract

Although postcolonial studies have prospered in the field of culture, they are still relatively new to the field of law, the field of Chinese legal theory in particular. In his monograph Legal Orientalism, Teemu Ruskola has introduced the postcolonial concept of Orientalism to legal studies. The article suggests that his theory is of great assistance to rethink and break through the powerful Western narrative and concept of law, to develop a more pluralistic legal culture and to further the subjectivity of Chinese legal thinking. However, the overzealous emphasis on Legal Orientalism in China might easily lead to nationalism, cultural conservatism and an exaggeration of the cultural hegemony of the West, creating yet another kind of non-rational academic bias. The insights of Legal Orientalism are important, but the ongoing search for a Chinese legal subjectivity must be based on a constructive dialogue between the East and the West.