Ideology and Historiographic License in Chinese Legal Scholarship

Abstract

Chinese legal historians and Chinese Communist Party ideologues engage with historical materials in order to advance various ideological projects, including subversive ideological perspectives. At the same time, historical scholarship appeals to many Chinese legal scholars because it is not seen and experienced as being as ideologically sensitive a field as other branches of Chinese legal scholarship. Chinese legal historians themselves have acknowledged their ability to discuss controversial topics—their “historiographic license”—through legal historical research. This article describes Chinese legal scholars’ historiographic license through the tools of rhetorical theory. The subversive elements of Chinese legal historiography can be attributed to the use of figurative language, which conveys forbidden meanings through innocuous surface text. Figurative language allows Chinese legal scholars to subtly question ideological doctrines—which they may support in other social contexts—without having to negate these doctrines explicitly. Historiography arguably even offers Chinese legal scholars a means to question their own ideological beliefs.