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, USA. This book was released on 2020 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A history of Chinese law and justice from the imperial era to the post-Mao era, the book addresses the evolution and function of law codes and judicial practices in China's long history, and examines the transition from traditional laws and practices to their modern counterparts in the twentieth century and beyond. From the ancient times to the twenty-first century, there has been an enduring expectation or hope among the Chinese people that justice should and will be done in society, which is expressed in a popular Chinese saying, "Heaven has eyes." To the Chinese mind in the imperial era, justice was, and was to be achieved as, an alignment of Heavenly reason, state law, and human relations. 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, which was a fundamental shift in philosophical and moral principles that informed law and justice. The legal-judicial reform agendas since the beginning of the twentieth century (still ongoing today) stemmed from this change in the Chinese moral and legal thinking, but to materialize the said principles in everyday practices is a very different order of things that is much more difficult to accomplish, hence all the legal dramas including tragedies in the past one century or so. The book will lay 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 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 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 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 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 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 Introduction to Chinese Law written by Chen'guang Wang and published by . This book was released on 1997 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Laws of the Land written by Tristan G. Brown and published by Princeton University Press. This book was released on 2023-12-05 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: A groundbreaking history of fengshui’s roles in public life and law during China’s last imperial dynasty Today the term fengshui, which literally means “wind and water,” is recognized around the world. Yet few know exactly what it means, let alone its fascinating history. In Laws of the Land, Tristan Brown tells the story of the important roles—especially legal ones—played by fengshui in Chinese society during China’s last imperial dynasty, the Manchu Qing (1644–1912). Employing archives from Mainland China and Taiwan that have only recently become available, this is the first book to document fengshui’s invocations in Chinese law during the Qing dynasty. Facing a growing population, dwindling natural resources, and an overburdened rural government, judicial administrators across China grappled with disputes and petitions about fengshui in their efforts to sustain forestry, farming, mining, and city planning. Laws of the Land offers a radically new interpretation of these legal arrangements: they worked. An intelligent, considered, and sustained engagement with fengshui on the ground helped the imperial state keep the peace and maintain its legitimacy, especially during the increasingly turbulent decades of the nineteenth century. As the century came to an end, contentious debates over industrialization swept across the bureaucracy, with fengshui invoked by officials and scholars opposed to the establishment of railways, telegraphs, and foreign-owned mines. Demonstrating that the only way to understand those debates and their profound stakes is to grasp fengshui’s longstanding roles in Chinese public life, Laws of the Land rethinks key issues in the history of Chinese law, politics, science, religion, and economics.
Download or read book This House Is Not a Home European Everyday Life in Canton and Macao 1730 1830 written by Lisa Hellman and published by BRILL. This book was released on 2018-10-16 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In This House is not a Home, Lisa Hellman offers the first study of European everyday life in Canton and Macao. Using the Swedish East India Company as a focus, she explores how domesticity was conditioned by the Chinese authorities.
