Historical Studies (Chinese Edition)

No.1, 2013

 

The Direction of Legal History Research: Law or History?       

(Abstract)

 

Hu Yongheng

 

Chinese academic circles are concerned about the question of whether research on Chinese legal history should be more oriented toward legal studies or more oriented toward history. For a long time, the discipline of legal history has fallen within the disciplinary framework of jurisprudence, with its main research force consisting of people trained in legal studies. Such scholars are strong on interpreting history and accustomed to logical deduction, and often take Western legal concepts and theories as the premise for evaluating Chinese law. This means that currently, the main problems with research on legal history are an inadequate foundation in historical materials, West-centrism, and the profusion of modernization paradigms. In recent years, a large number of researchers with a historical background have entered the field of legal history, bringing a breath of fresh air to research in this area. In view of its current weak historical foundation, Chinese research on legal history should be oriented toward history. With this premise, individual researchers should pursue both legal and historical studies and scholars should strengthen cooperation based on the division of labor.