Download Free Legal Pluralism In Qing China Book in PDF and EPUB Free Download. You can read online Legal Pluralism In Qing China and write the review.

In this book, Max WL Wong provides a new perspective on legal pluralism under the Qing dynasty (1644-1911) and provides an argument that in traditional Chinese legal culture the pluralistic normative orders were blended, in parallel with the established state legal system, to become a complexed administrative system exerting political and social control in Qing China. Specifically, he addresses these key questions. First, how were Chinese laws, and the quasi-legal norms that created a system of legal pluralism in Qing, reformed by the drive for legal modernization in the late Qing and Republican China as a response to the challenge of western laws? And second, how was the pluralistic structure of Chinese laws and norms in Qing China diffused and transplanted to Taiwan, Hong Kong and South East Asia in the form of ‘Chinese customary law’? Also, how was Chinese law subdued by the imposed legal systems of the colonisers, mainly Great Britain and Japan?
Provides a new framework for reconceptualizing the historical and contemporary relationship between cultural diversity, political authority, and international order.
Perhaps more than anywhere else in the world, the nineteenth century encounter between East Asia and the Western world has been narrated as a legal encounter. Commercial treaties--negotiated by diplomats and focused on trade--framed the relationships among Tokugawa-Meiji Japan, Qing China, Choson Korea, and Western countries including Britain, France, and the United States. These treaties created a new legal order, very different than the colonial relationships that the West forged with other parts of the globe, which developed in dialogue with local precedents, local understandings of power, and local institutions. They established the rules by which foreign sojourners worked in East Asia, granting them near complete immunity from local laws and jurisdiction. The laws of extraterritoriality looked similar on paper but had very different trajectories in different East Asian countries.Par Cassel's first book explores extraterritoriality and the ways in which Western power operated in Japan and China from the 1820s to the 1920s. In Japan, the treaties established in the 1850s were abolished after drastic regime change a decade later and replaced by European-style reciprocal agreements by the turn of the century. In China, extraterritoriality stood for a hundred years, with treaties governing nearly one hundred treaty ports, extensive Christian missionary activity, foreign controlled railroads and mines, and other foreign interests, and of such complexity that even international lawyers couldn't easily interpret them. Extraterritoriality provided the springboard for foreign domination and has left Asia with a legacy of suspicion towards international law and organizations. The issue of unequal treaties has had a lasting effect on relations between East Asia and the West.Drawing on primary sources in Chinese, Japanese, Manchu, and several European languages, Cassel has written the first book to deal with exterritoriality in Sino-Japanese relations before 1895 and the triangular relationship between China, Japan, and the West. Grounds of Judgment is a groundbreaking history of Asian engagement with the outside world and within the region, with broader applications to understanding international history, law, and politics.
In Managing Frontiers in Qing China, historians and anthropologists explore China's imperial expansion in Inner Asia, focusing on early Qing empire-building in Mongolia, Xinjiang, Tibet, and beyond – Central Asian perspectives and comparisons to Russia's Asian empire are included. Taking an institutional-historical and historical-anthropological approach, the essays engage with two Qing agencies well-known for their governance of non-Han groups: the Lifanyuan and Libu. This volume offers a comprehensive overview of the Lifanyuan and Libu, revising and assessing the state of affairs in the under-researched field of these two institutions. The contributors explore the imperial policies towards and the shifting classifications of minority groups in the Qing Empire, explicitly pairing and comparing the Lifanyuan and Libu as in some sense cognate agencies. This text offers insight into how China's past has continued to inform its modern policies, as well as the geopolitical make-up of East Asia and beyond. Contributors include: Uradyn E. Bulag, Chia Ning, Pamela Kyle Crossley, Nicola DiCosmo, Dorothea Heuschert-Laage, Laura Hostetler, Fabienne Jagou, Mei-hua Lan, Dittmar Schorkowitz, Song Tong, Michael Weiers,Ye Baichuan, Yuan Jian, Zhang Yongjiang.
This book aims to explore the construction of Chinese law, with an evolution that has been strongly inspired by international law that has functioned as a "pioneer of legal civilization" in China. Chinese law is a fluid sedimentation of traditional elements of Chinese culture and the internalization of external elements. The internal dimension of Chinese legal evolution therefore coincides with a progressive incursion also at the international level, questioning the traditional rules of international relations. The most relevant and comprehensive concept that has been proposed by China in recent years is certainly the idea of building a "community of shared future for mankind." This aspiration demonstrates a global and integral vocation of international law capable of embracing relations of a new type, towards a multi-polar democratization of international relations, which mark the need for the beginning of a new era.
This is a multi-author volume resulted from an international conference focusing on topics related to our understanding of the role of China in the global history. Apart from introductory chapters exploring methodological issues and providing big pictures of framing China in the world in particular time zones, this volume also covers rich discussions on the following themes from the ancient period to the twentieth century: organized water transport, cultural interactions, navigators, port cities, smuggling activities, customs service, foreign relations, migration, and diasporas. Written by scholars of different generations who are based in diverse regions including Canada, Hong Kong, Japan, Singapore, Taiwan, the UK and the US, the chapters in this volume either address old questions from new perspectives, or table new topics that were largely ignored in previous scholarship. Some go further to brainstorm possible research directions in the future. This thought-provoking volume will be beneficial to readers who are interested in rethinking China's position in the global historical stage against the backdrop of Post-Orientalism.
Cultural expertise in the form of expert opinions formulated by social scientists appointed as experts in the legal process is not different from any other kind of expertise in court. In specialised fields of law, such as native land titles in America and in Australia, the appointment of social scientists as experts in court is a consolidated practice. This Special Issue focuses on the contemporary evolution and variation of cultural expertise as an emergent concept providing a conceptual umbrella for a variety of evolving practices, which all include use of the specialised knowledge of social sciences for the resolution of conflicts. It surveys the application of cultural expertise in the legal process with an unprecedented span of fields ranging from criminology and ethnopsychiatry to the recognition of the rights of autochthone minorities including linguistic expertise, and modern reformulation of cultural rights. In this Special Issue, the emphasis is on the development and change of culture-related expert witnessing over recent times, culture-related adjudication, and resolution of disputes, criminal litigation, and other kinds of court and out-of-court procedures. This Special Issue offers descriptions of judicial practices involving experts in local laws and customs and surveys of the most frequent fields of expert witnessing that are related with culture; interrogates who the experts are, their links with local communities, and also with the courts and the state power and politics; how cultural expert witnessing has been received by judges; how cultural expertise has developed across the sister disciplines of history and psychiatry; and eventually, it asks whether academic truth and legal truth are commensurable across time and space.
This Handbook approaches Chinese Studies from an interdisciplinary perspective while attempting to establish a fundamental set of core values and tenets for the subject, in relation to the further development of Chinese Studies as an academic discipline. It aims to consolidate the current findings in Chinese Studies, extract the essence from each affiliated discipline, formulate a concrete set of ideas to represent the ‘Chineseness’ of the subject, establish a clear identity for the discipline and provide clear guidelines for further research and practice. Topics included in this Handbook cover a wide spectrum of traditional and newly added concerns in Chinese Studies, ranging from the Chinese political system and domestic governance to international relations, Chinese culture, literature and history, Chinese sociology (gender, middle class, nationalism, home ownership, dating) and Chinese opposition and activism. The Handbook also looks at widening the scope of Chinese Studies (Chinese psychology, postcolonialism and China, Chinese science and climate change), and some illustrations of innovative Chinese Studies research methods. The Routledge Handbook of Chinese Studies is an essential reference for researchers and scholars in Chinese Studies, as well as students in the discipline.
In this major new study, Nicolas Tackett proposes that the Northern Song Dynasty (960–1127) witnessed both the maturation of an East Asian inter-state system and the emergence of a new worldview and sense of Chinese identity among educated elites. These developments together had sweeping repercussions for the course of Chinese history, while also demonstrating that there has existed in world history a viable alternative to the modern system of nation-states. Utilising a wide array of historical, literary, and archaeological sources, chapters focus on diplomatic sociability, cosmopolitan travel, military strategy, border demarcation, ethnic consciousness, and the cultural geography of Northeast Asia. In this ground breaking new approach to the history of the East Asian inter-state system, Tackett argues for a concrete example of a pre-modern nationalism, explores the development of this nationalism, and treats modern nationalism as just one iteration of a phenomenon with a much longer history.
This collection of essays focuses on law and the diaspora Chinese. They show us a variety of answers to such questions as: what are the laws of China outside China; what are the laws of the Chinese in Southeast Asia; what were/are the laws for the Chinese in Southeast Asia; and is there a "Confucian Chinese"? The answers in some cases are reasonably certain but in others they are tentative and debatable. The legal material raises these issues in a way which is fundamental to diaspora studies.