Washington University Global Studies Law Review Volume 13 Issue 1 2014 Ideological Renewal and Nostalgia in China’s “Avant-garde” Legal Scholarship Samuli Seppänen The Chinese University of Hong Kong Follow this and additional works at: https://openscholarship.wustl.edu/law_globalstudies Part of the Comparative and Foreign Law Commons, Legal Education Commons, Legal History Commons, and the Rule of Law Commons Recommended Citation Samuli Seppänen, Ideological Renewal and Nostalgia in China’s “Avant-garde” Legal Scholarship, 13 WASH. U. GLOBAL STUD. L. REV. 083 (2014), https://openscholarship.wustl.edu/law_globalstudies/vol13/iss1/7 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Global Studies Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact
[email protected]. IDEOLOGICAL RENEWAL AND NOSTALGIA IN CHINA’S “AVANT-GARDE” LEGAL SCHOLARSHIP SAMULI SEPPÄNEN∗∗∗ ABSTRACT This Article examines certain attempts in Chinese legal scholarship to formulate alternatives to “Western” or “liberal” rule of law ideology. The Article discusses three different strands of contemporary Chinese “avant- garde” legal scholarship: (i) neo-conservative critical scholarship, which builds on American legal realism, critical legal studies, and critical social theory; (ii) a form of New Confucian virtue-based legal thought, which combines traditionalist Chinese ethics with Western virtue ethics; and (iii) certain communitarian rule of law theories. The Article identifies a paradox in the premise of Chinese avant-garde scholars’ ideological renewal project: avant-garde scholars can only hope to create illusions of ideological change, often through nostalgic arguments, lest their proposals appear too unrealistic or outlandish.