| 英文摘要 |
Post colonialism studies gradually spread in the cultural field, but in the legal science is rare, especially in the field of Chinese legal ideas is almost blank. Legal Orientalism written by Teemu Ruskola recently of Orientalism is introduced to the law legal research, that the law is an integral part of contemporary Western construction of subjectivity. “Legal Orientalism” cannot be avoided by European and American scholars of comparative law. Chinese law does not exist or that there is no real law, becomes the projection of EastWest dichotomy in the areas of law. This discourse is not only restricted view of Chinese and Western legal knowledge, also affected the practice sports such as the foreign court, extraterritorial jurisdiction, Chinese Exclusion Act and so on. Teemu Ruskolas theory is of great help to rethink and surpass the Western historical concept and powerful discours, which will push forward the development of the multilegal cultures and establish the subjectivity of Chinese legal idea.But in the context of China, the excessive emphasis on law of Legal orientalism, might easily into narrow nationalism and cultural conservatism, exaggerating the cultural hegemony of Western civilization and lead to another objective academic judgment. Legal orientalism of law needs to be cleaned, but the search of Legal orientalism also must be based on dialogue with the fusion of Western civilization. |
