CHINESE JURISTS’ MISCONCEPTIONS OF CRITICAL LEGAL STUDIES

Abstract

Critical Legal Scholarship was first introduced to Chinese legal academia in late 1980’s, and gained great attentions in the following decade. Later on, however, Chinese jurists showed little interest in exploring more of Critical Legal Scholarship because of their oversimplification of Critical Legal Scholars as indeterminists, deconstructionists, extremists and nihilists. This article points out the typical, gross misconceptions of Chinese jurists to Critical Legal Scholarship, and explores the reasons of such misconceptions. The author of this article hopes that his representation of Critical Legal Scholarship would help to reopen the door for further communications between the Critical Legal Scholarship and their audiences in China. Remarks on how to approach Critical Legal Scholarship further from a Chinese perspective are provided at the end of this article.

Keywords

Critical Legal Studies / determinacy / political preference / rule of law

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Higher Education Press