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China’s traditional system of dispute resolution and maintenance of order in society has been treated by Western scholars as legal history, but because the Chinese system is radically different from European systems in its conceptual structure and therefore does not fit into the familiar categories and models of Western law and jurisprudence, such treatment has been inadequate and often misleading. In Order and Discipline in China, Thomas B. Stephens provides a new approach, methodology, and theoretical framework for the interpretation of traditional Chinese “law.” Stephens argues convincingly that Chinese society has always operated according to the disciplinary system of order, ni which hierarchy is established by actual power, and he provides a thorough methodology and framework for understanding disciplinary theory. He discusses the system, showing it not the random (or even unjust) tyranny it may sometimes appear to the Western, legally oriented mind but an effective system that successfully guided China for centuries. The study is not merely historical, but provides insights into Chinese ways of thinking about social relationships, dispute resolution, and the enforcement of civil obligations that are vital to intercultural understanding today. His study is based on the activities of the Mixed Court of the International Settlement at Shanghai, which dealth with legal problems concerning Chinese people within the representative, or “assessor.” The Mixed Court conventionally has been looked upon as a disciplinary tribunal enforcing a system of dispute resolution and the maintenance of social order upon the principles of disciplinary theory. The Mixed Court is a convenient point from which to measure the legal and disciplinary systems against each other and to study them in conflict. Although Western powers tried to interpret the court in legal terms, it responds much more convincingly to analysis according to the disciplinary system: it provided its right to rule by the abililty to enforce its decisions, and it decided cases not, as claimed, by Chinese laws (which actually did not exist) but according to those principles established by the Western consuls. Order and Disipline in China will be of interest not only to legal scholars and students of Chinese history and society, but also to students of social order and international relations throughout the world. It also offers practical assistance to Westerners dealing with Chinese business relations, social and political affairs, or dispute settlement.
By all accounts, China is the world leader in the number of legal executions. Its long historical use of capital punishment and its major political and economic changes over time are social facts that make China an ideal context for a case study of the death penalty in law and practice. This book examines the death penalty within the changing socio-political context of China. The authors'treatment of China' death penalty is legal, historical, and comparative. In particular, they examine; the substantive and procedures laws surrounding capital punishment in different historical periods the purposes and functions of capital punishment in China in various dynasties changes in the method of imposition and relative prevalence of capital punishment over time the socio-demographic profile of the executed and their crimes over the last two decades and comparative practices in other countries. Their analyses of the death penalty in contemporary China focus on both its theory - how it should be done in law - and actual practice - based on available secondary reports/sources.
This book is a richly textured social and cultural study exploring the profound effects and lasting repercussions of superimposing Western-derived models of repentance and rehabilitation on traditional categories of crime and punishment.
In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.
This is a study of Britain's presence in China both at its peak, and during its inter-war dissolution in the face of assertive Chinese nationalism and declining British diplomatic support. Using archival materials from China and records in Britain and the United States, the author paints a portrait of the traders, missionaries, businessmen, diplomats and settlers who constituted "Britain-in-China", challenging our understanding of British imperialism there. Bickers argues that the British presence in China was dominated by urban settlers whose primary allegiance lay not with any grand imperial design, but with their own communities and precarious livelihoods. This brought them into conflict not only with the Chinese population, but with the British imperial government. The book also analyzes the formation and maintenance of settler identities, and then investigates how the British state and its allies brought an end to the reign of freelance, settler imperialism on the China coast. At the same time, other British sectors, missionary and business, renegotiated their own relationship with their Chinese markets and the Chinese state and distanced themselves from the settler British.
Competing in the 1986 National College Games of the People's Republic of China, Susan Brownell earned both a gold medal in the heptathlon and fame throughout China as "the American girl who won glory for Beijing University." Now an anthropologist, Brownell draws on her direct experience of Chinese athletics in this fascinating look at the culture of sports and the body in China. Training the Body for China is the first book on Chinese sports based on extended fieldwork by a Westerner. Brownell introduces the notion of "body culture" to analyze Olympic sports as one element in a whole set of Chinese body practices: the "old people's disco dancing" craze, the new popularity of bodybuilding (following reluctant official acceptance of the bikini), mass calisthenics, martial arts, military discipline, and more. Translating official and dissident materials into English for the first time and drawing on performance theory and histories of the body, Brownell uses the culture of the body as a focal point to explore the tensions between local and global organizations, the traditional and the modern, men and women. Her intimate knowledge of Chinese social and cultural life and her wide range of historic examples make Training the Body for China a unique illustration of how gender, the body, and the nation are interlinked in Chinese culture.
In the Qing period (1644–1912), China's population tripled, and the flurry of new development generated unprecedented demand for timber. Standard environmental histories have often depicted this as an era of reckless deforestation, akin to the resource misuse that devastated European forests at the same time. This comprehensive new study shows that the reality was more complex: as old-growth forests were cut down, new economic arrangements emerged to develop renewable timber resources. Historian Meng Zhang traces the trade routes that connected population centers of the Lower Yangzi Delta to timber supplies on China's southwestern frontier. She documents innovative property rights systems and economic incentives that convinced landowners to invest years in growing trees. Delving into rare archives to reconstruct business histories, she considers both the formal legal mechanisms and the informal interactions that helped balance economic profit with environmental management. Of driving concern were questions of sustainability: How to maintain a reliable source of timber across decades and centuries? And how to sustain a business network across a thousand miles? This carefully constructed study makes a major contribution to Chinese economic and environmental history and to world-historical discourses on resource management, early modern commercialization, and sustainable development.
Shaping Modern Shanghai provides a new understanding of colonialism in China through a fresh examination of Shanghai's International Settlement. This was the site of key developments of the Republican period: economic growth, rising Chinese nationalism and Sino-Japanese conflict. Managed by the Shanghai Municipal Council (1854–1943), the International Settlement was beyond the control of the Chinese and foreign imperial governments. Jackson defines Shanghai's unique, hybrid form of colonial urban governance as transnational colonialism. The Council was both colonial in its structures and subject to colonial influence, especially from the British empire, yet autonomous in its activities and transnational in its personnel. This is the first in-depth study of how this unique body functioned on the local, national and international stages, revealing the Council's impact on the daily lives of the city's residents and its contribution to the conflicts of the period, with implications for the fields of modern Chinese and colonial history.
-- Foreign Affairs.