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Cardozo International & Comparative Law Review

Abstract

This Article discusses the production and global dissemination of Chinese legal ideology and considers its implications for the study of illiberalism. The leaders and ideologues of the Chinese Communist Party profess an interest in increasing the impact of its social sciences and governance ideology in foreign countries. On its face, this project amounts to an ambitious, even radical, ideological challenge against liberal legal thought. Nevertheless, these attempts can also be seen to highlight various challenges that illiberal regimes face in ideological production and advocacy. First, the domestic priorities of illiberal ideological speech may not support ideological advocacy efforts in foreign contexts. Second, characteristically illiberal argumentative strategies may be less effective in front offoreign audiences than they are domestically. Third, illiberal ideological sensitivities may impair, or make unavailable, certain advocacy strategies, which could be effective in front offoreign audiences. Despite such challenges, Chinese ideological speech has been effective in foreign contexts. Among other things, Chinese ideological advocacy has made it easier for foreign politicians and legal scholars to criticize Western promotion of the rule of law and human rights. To illustrate the possibilities and challenges of Chinese ideological advocacy efforts, this Article situates various arguments about the advantages of Chinese legal thought within the East African context.

Disciplines

Comparative and Foreign Law | Environmental Law | International Law | Law | National Security Law

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