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William P. Alford & Xingzhong Yu, Pound for Pound? Roscoe Pound's Adventures in China and Questions They Pose for Scholars of Contemporary China, 18 U. Pa. Asian L. Rev. 1 (2022).


Abstract: Roscoe Pound was one of the most celebrated figures in twentieth century American legal thought, having originated the field of sociological jurisprudence which presaged legal realism and having served for two decades as Dean of Harvard Law School. Less well known is his extended role in China as a principal advisor to the Nationalist government as it fought a civil war during the 1940s against the Chinese Communist Party. And even less fully explicated is the story of how Pound's ideas influenced Chinese legal thought to this day and of how China influenced his thinking. Pound for Pound has two principle objectives. The first is to reconstruct, from archival and other materials, Pound's adventures (and misadventures) in China, and then to examine the ways in which his thought was first lionized by Chinese scholars, then denounced during the early years of the People's Republic of China, and subsequently, in the late twentieth and early twenty-first centuries, embraced there. The second is to use Pound's experience to raise questions about the role of U.S. and other foreign scholars involved in Chinese legal development over the past several decades that have not received the scrutiny warranted.