Law Text Culture Volume 18 The Rule of Law and the Cultural Article 3 Imaginary in (Post-)colonial East Asia 2014 Searching the Academy (Soushuyuan搜書院): A Chinese Opera as Rule of Law and Legal Narrative Elaine Y.L. Ho University of Hong Kong Johannes M.M. Chan University of Hong Kong Follow this and additional works at: http://ro.uow.edu.au/ltc Recommended Citation Ho, Elaine Y.L. and Chan, Johannes M.M., Searching the Academy (Soushuyuan搜書院): A Chinese Opera as Rule of Law and Legal Narrative, Law Text Culture, 18, 2014, 6-32. Available at:http://ro.uow.edu.au/ltc/vol18/iss1/3 Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library:
[email protected] Searching the Academy (Soushuyuan搜書院): A Chinese Opera as Rule of Law and Legal Narrative Abstract In earlier scholarship on traditional societies that became colonised, relations between imported legal systems and indigenous customs that had long operated with quasi-legal effect are often studied in terms of conflict and opposition, to show how western or European institutions progressively displaced what existed before their arrival. In her more recent studies of legal pluralism, however, Lauren Benton argues persuasively from many historical examples and cases that indigenous culture and contingent historical situations are major forces that mediate legal development and change. Though acknowledging her debt to Homi Bhabha’s theorising of hybridised subjects and their disruptions of asymmetrical colonial relations, Benton nonetheless critiques Bhabha’s assumption of ‘a preexisting and relatively constant cultural divide’ (Benton and Muth 2000).