Producing 'Lack as Tradition': A Feminist Critique of Legal Orientalism in Colonial Taiwan

$41.78 plus tax (Refund Policy)

Buy Article:

Abstract:

This paper is an investigation into and a critique of the ideological construction of East Asian legal tradition as a 'lack' in the Japanese colonial project in Taiwan. Echoing Teemu Ruskola's and Laura Nader's critiques of Legal Orientalism but in a setting that transcends the West/non-West division, this study explores the colonised people's sense of legal inferiority—how they internalised Orientalism while claiming local subjectivity— through a feminist lens, demonstrating the gender dimension of Legal Orientalism. The discussion begins with an analysis of the colonised people's 'lagging behind' in the civilising process and their 'lack' of rule of law in colonial eyes, followed by an exploration of the 'lag' and 'lack' discourses both in the debate about whether or not Japan should have applied its civil code in the colony of Taiwan and in texts on colonial women's liberation, and concludes with a brief discussion on how the perception of 'lack as tradition' informs the narratives of Orientalist legal history.

Document Type: Research Article

DOI: http://dx.doi.org/10.5235/2049677X.1.2.186

Publication date: December 1, 2013

More about this publication?
  • Comparative Legal History is an international and comparative review of law and history. Articles will explore both 'internal' legal history (doctrinal and disciplinary developments in the law) and 'external' legal history (legal ideas and institutions in wider contexts). Rooted in the complexity of the various Western legal traditions worldwide, the journal will also investigate other laws and customs from around the globe. Comparisons may be either temporal or geographical and both legal and other law-like normative traditions will be considered. Scholarship on comparative and trans-national historiography, including trans-disciplinary approaches, is particularly welcome. The Editors welcome scholarly submissions in the English language. The optimal length for articles is between 7500 to 15000 words, including footnotes. Shorter submissions will be considered for our 'Short Articles' section. All articles are submitted to double blind peer review. Book reviews will generally range from 1500 to 2500 words. Review articles will also be considered. The journal is published, both online and in print, twice a year, appearing in the spring and the autumn.
  • Editorial Board
  • Subscribe to this Title
  • ingentaconnect is not responsible for the content or availability of external websites
Related content

Tools

Favourites

Share Content

Access Key

Free Content
Free content
New Content
New content
Open Access Content
Open access content
Subscribed Content
Subscribed content
Free Trial Content
Free trial content
Cookie Policy
X
Cookie Policy
ingentaconnect website makes use of cookies so as to keep track of data that you have filled in. I am Happy with this Find out more