Download or read book Chinese Law in Imperial Eyes written by Li Chen and published by Columbia University Press. This book was released on 2015-12-22 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did American schoolchildren, French philosophers, Russian Sinologists, Dutch merchants, and British lawyers imagine China and Chinese law? What happened when agents of presumably dominant Western empires had to endure the humiliations and anxieties of maintaining a profitable but precarious relationship with China? In Chinese Law in Imperial Eyes, Li Chen provides a richly textured analysis of these related issues and their intersection with law, culture, and politics in the eighteenth and nineteenth centuries. Using a wide array of sources, Chen's study focuses on the power dynamics of Sino-Western relations during the formative century before the First Opium War (1839-1842). He highlights the centrality of law to modern imperial ideology and politics and brings new insight to the origins of comparative Chinese law in the West, the First Opium War, and foreign extraterritoriality in China. The shifting balance of economic and political power formed and transformed knowledge of China and Chinese law in different contact zones. Chen argues that recovering the variegated and contradictory roles of Chinese law in Western "modernization" helps provincialize the subsequent Euro-Americentric discourse of global modernity. Chen draws attention to important yet underanalyzed sites in which imperial sovereignty, national identity, cultural tradition, or international law and order were defined and restructured. His valuable case studies show how constructed differences between societies were hardened into cultural or racial boundaries and then politicized to rationalize international conflicts and hierarchy.
Download or read book Chinese Law written by Li Chen and published by BRILL. This book was released on 2015-01-27 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: The twelve case studies in Chinese Law: Knowledge, Practice and Transformation, 1530s to 1950s, edited by Li Chen and Madeleine Zelin, open a new window onto the historical foundation and transformation of Chinese law and legal culture in late imperial and modern China. Their interdisciplinary analyses provide valuable insights into the multiple roles of law and legal knowledge in structuring social relations, property rights, popular culture, imperial governance, and ideas of modernity; they also provide insight into the roles of law and legal knowledge in giving form to an emerging revolutionary ideology and to policies that continue to affect China to the present day.
Download or read book Heaven Has Eyes written by Xiaoqun Xu and published by Oxford University Press. This book was released on 2020-08-03 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Heaven Has Eyes is a comprehensive but concise history of Chinese law and justice from the imperial era to the post-Mao era. Never before has a single book treated the traditional Chinese law and judicial practices and their modern counterparts as a coherent history, addressing both criminal and civil justice. This book fills this void. Xiaoqun Xu addresses the evolution and function of law codes and judicial practices throughout China's long history, and examines the transition from traditional laws and practices to modern ones in the twentieth century. To the Chinese of the imperial era, justice was an alignment of heavenly reason (tianli), state law (guofa), and human relations (renqing). Such a conception did not change until the turn of the twentieth century, when Western-derived notions-natural rights, legal equality, the rule of law, judicial independence, and due process--came to replace the Confucian moral code of right and wrong. The legal-judicial reform agendas that emerged in the beginning of the twentieth century (and are still ongoing today) stemmed from this change in Chinese moral and legal thinking, but to materialize the said principles in everyday practices is a very different order of things, and the past century was fraught with legal dramas and tragedies. Heaven Has Eyes lays out how and why that is the case.
Download or read book Circulating the Code written by Ting Zhang and published by University of Washington Press. This book was released on 2020-04-15 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contrary to longtime assumptions about the insular nature of imperial China’s legal system, Circulating the Code demonstrates that in the Qing dynasty (1644–1911) most legal books were commercially published and available to anyone who could afford to buy them. Publishers not only extended circulation of the dynastic code and other legal texts but also enhanced the judicial authority of case precedents and unofficial legal commentaries by making them more broadly available in convenient formats. As a result, the laws no longer represented privileged knowledge monopolized by the imperial state and elites. Trade in commercial legal imprints contributed to the formation of a new legal culture that included the free flow of accurate information, the rise of nonofficial legal experts, a large law-savvy population, and a high litigation rate. Comparing different official and commercial editions of the Qing Code, popular handbooks for amateur legal practitioners, and manuals for community legal lectures, Ting Zhang demonstrates how the dissemination of legal information transformed Chinese law, judicial authority, and popular legal consciousness.
Download or read book The Laws and Economics of Confucianism written by Taisu Zhang and published by Cambridge University Press. This book was released on 2017-10-12 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Zhang argues that property institutions in preindustrial China and England were a cause of China's lagging development in preindustrial times.
Download or read book Legal Orientalism written by Teemu Ruskola and published by Harvard University Press. This book was released on 2013-06-03 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day. The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.
Download or read book Imperial Twilight written by Stephen R. Platt and published by Vintage. This book was released on 2018-05-15 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: As China reclaims its position as a world power, Imperial Twilight looks back to tell the story of the country’s last age of ascendance and how it came to an end in the nineteenth-century Opium War. As one of the most potent turning points in the country’s modern history, the Opium War has since come to stand for everything that today’s China seeks to put behind it. In this dramatic, epic story, award-winning historian Stephen Platt sheds new light on the early attempts by Western traders and missionaries to “open” China even as China’s imperial rulers were struggling to manage their country’s decline and Confucian scholars grappled with how to use foreign trade to China’s advantage. The book paints an enduring portrait of an immensely profitable—and mostly peaceful—meeting of civilizations that was destined to be shattered by one of the most shockingly unjust wars in the annals of imperial history. Brimming with a fascinating cast of British, Chinese, and American characters, this riveting narrative of relations between China and the West has important implications for today’s uncertain and ever-changing political climate.
Download or read book To Steal a Book Is an Elegant Offense written by William P. Alford and published by Stanford University Press. This book was released on 1995-03-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines the law of intellectual property in China from imperial times to the present. It draws on history, politics, economics, sociology, and the arts, and on interviews with officials, business people, lawyers, and perpetrators and victims of 'piracy'. The author asks why the Chinese, with their early bounty of scientific and artistic creations, are only now devising legal protection for such endeavors and why such protection is more rhetoric than reality on the Chinese mainland. In the process, he sheds light on the complex relation between law and political culture in China. The book goes on to examine recent efforts in the People's Republic of China to develop intellectual property law, and uses this example to highlight the broader problems with China's program of law reform.
Download or read book Chinese Legal Reform and the Global Legal Order written by Yun Zhao and published by Cambridge University Press. This book was released on 2018 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical evaluation of the latest reform in Chinese law that engages legal scholarship with research of Chinese legal historians.
Download or read book Forgery and Impersonation in Imperial China written by Mark McNicholas and published by University of Washington Press. This book was released on 2016-04-05 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across eighteenth-century China a wide range of common people forged government documents or pretended to be officials or other agents of the state. This examination of case records and law codes traces the legal meanings and social and political contexts of small-time swindles that were punished as grave political transgressions.
Download or read book Tribute and Trade written by William Christie and published by Sydney University Press. This book was released on 2020-06-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 18th and 19th centuries, relations between China and the West were defined by the Qing dynasty’s strict restrictions on foreign access and by the West’s imperial ambitions. Cultural, political and economic interactions were often fraught, with suspicion and misunderstanding on both sides. Yet trade flourished and there were instances of cultural exchange and friendship, running counter to the official narrative. Tribute and Trade: China and Global Modernity explores encounters between China and the West during this period and beyond, into the early 20th century, through examples drawn from art, literature, science, politics, music, cooking, clothing and more. How did China and the West see each other, how did they influence each other, and what were the lasting legacies of this contact?
Download or read book Britain s Chinese Eye written by Elizabeth Chang and published by Stanford University Press. This book was released on 2010-04-20 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the intimate connections between Britain and China throughout the nineteenth century and argues for China's central impact on the British visual imagination. Chang brings together an unusual group of primary sources to investigate how nineteenth-century Britons looked at and represented Chinese people, places, and things, and how, in the process, ethnographic, geographic, and aesthetic representations of China shaped British writers' and artists' vision of their own lives and experiences. For many Britons, China was much more than a geographical location; it was also a way of seeing and being seen that could be either embraced as creative inspiration or rejected as contagious influence. In both cases, the idea of China's visual difference stood in negative contrast to Britain's evolving sense of the visual and literary real. To better grasp what Romantic and Victorian writers, artists, and architects were doing at home, we must also understand the foreign "objects" found in their midst and what they were looking at abroad.
Download or read book The Compelling Ideal written by Jan Kiely and published by Yale University Press. This book was released on 2014-05-27 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking volume, based on extensive research in Chinese archives and libraries, Jan Kiely explores the pre-Communist origins of the process of systematic thought reform or reformation (ganhua) that evolved into a key component of Mao Zedong’s revolutionary restructuring of Chinese society. Focusing on ganhua as it was employed in China’s prison system, Kiely’s thought-provoking work brings the history of this critical phenomenon to life through the stories of individuals who conceptualized, implemented, and experienced it, and he details how these techniques were subsequently adapted for broader social and political use.
Download or read book Law across imperial borders written by Emily Whewell and published by Manchester University Press. This book was released on 2019-12-20 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the story of British consuls at the edge of the British and Chinese empires. By embracing local norms and adapting to transfrontier migration, consuls created forms of transfrontier legal authority.
Download or read book Chinese Taiwan Yearbook of International Law and Affairs Volume 33 2015 written by Ying-jeou Ma and published by Martinus Nijhoff Publishers. This book was released on 2017-07-27 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to the Asia-Pacific and the Republic of China on Taiwan.
Download or read book The Cambridge Companion to the Rule of Law written by Jens Meierhenrich and published by Cambridge University Press. This book was released on 2021-08-12 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Companion to the Rule of Law introduces students, scholars, and practitioners to the theory and history of the rule of law, one of the most frequently invoked-and least understood-ideas of legal and political thought and policy practice. It offers a comprehensive re-assessment by leading scholars of one of the world's most cherished traditions. This high-profile collection provides the first global and interdisciplinary account of the histories, moralities, pathologies and trajectories of the rule of law. Unique in conception, and critical in its approach, it evaluates, breaks down, and subverts conventional wisdom about the rule of law for the twenty-first century.
Download or read book China Hands and Old Cantons written by John M. Carroll and published by Rowman & Littlefield. This book was released on 2021-10-12 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Early encounters between Britain and China are best known for igniting the First Opium War. Yet they also produced an enormous archive of writings by Britons who spent time in China. Frustrated with the restrictions imposed by the Manchu rulers of the Qing Empire, and unable to live or travel elsewhere apart from Canton and Macao, these diplomats, traders, missionaries, travelers, and military officers devoted thousands of pages to understanding China, its people, and their civilization. In China Hands and Old Cantons, John M. Carroll draws on this wealth of memoirs, ethnographic studies, travel accounts, narratives of military action, translations, and newspaper articles to trace Britons’ wide-ranging, often thoughtful perspectives on China, long before anyone considered going to war. They discussed almost everything they saw and speculated about much of what they could not see—including the size of China’s massive population, the extent of infanticide, the origins and practice of foot binding, and the legality and morality of the opium trade. They claimed that only those who had been there could truly understand the Middle Kingdom and that their firsthand experience gave them and their publications an advantage over those in Britain and elsewhere. Carroll brings a seminal period in the Anglo-Chinese relationship, which revolved around tea and opium, to life through the words of those who experienced it intimately.
