Abstract
This paper is a critique of "Anti Anti-Orientalism" written by Prof. Donald Clarke, which argues that the Chinese system is so fundamentally different from the Western rule of law that it is a category mistake to refer to "Chinese legal system". Using Kafka's parable "Before the Law" as the analytical framework, China appears to be "the man from the country" who will end up being denied entry to "the Law" by "the only door" that is meant to stop China from entering. This is a typical Orientalist fantasy albeit dressed up as anti anti-Orientalism. Prof. Clarke's thesis is built on facile understanding of Orientalism, flawed comparative methodology and nearly non-existent philosophical understanding of law. Citing Derrida, Niklas Luhmann and Stanley FIsh, this paper points to the right level of theorizing in the field of comparative legal studies.
