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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.
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.
Im 19. und 20. Jahrhundert traten weltweit Gesetzgeber mit der Absicht auf, lokale Rechtsordnungen nach westlichem Muster umzubilden. Aber welche Modelle sollten als Vorbilder dienen, da doch die rechtliche Realität bereits in Westeuropa uneinheitlich war? Zudem wurde das importierte Recht vor Ort unterschiedlich aufgenommen, umformuliert und interpretiert. Der Band untersucht das Spannungsfeld zwischen den universellen Ansprüchen verschiedener imperialer und post-imperialer Gesetzgeber und der lokalen Umsetzung und Anwendung neuer Rechtsformen, von Lateinamerika und Afrika über Russland bis nach Ostasien.
A detailed historical look at how copyright was negotiated and protected by authors, publishers, and the state in late imperial and modern China In Pirates and Publishers, Fei-Hsien Wang reveals the unknown social and cultural history of copyright in China from the 1890s through the 1950s, a time of profound sociopolitical changes. Wang draws on a vast range of previously underutilized archival sources to show how copyright was received, appropriated, and practiced in China, within and beyond the legal institutions of the state. Contrary to common belief, copyright was not a problematic doctrine simply imposed on China by foreign powers with little regard for Chinese cultural and social traditions. Shifting the focus from the state legislation of copyright to the daily, on-the-ground negotiations among Chinese authors, publishers, and state agents, Wang presents a more dynamic, nuanced picture of the encounter between Chinese and foreign ideas and customs. Developing multiple ways for articulating their understanding of copyright, Chinese authors, booksellers, and publishers played a crucial role in its growth and eventual institutionalization in China. These individuals enforced what they viewed as copyright to justify their profit, protect their books, and crack down on piracy in a changing knowledge economy. As China transitioned from a late imperial system to a modern state, booksellers and publishers created and maintained their own economic rules and regulations when faced with the absence of an effective legal framework. Exploring how copyright was transplanted, adopted, and practiced, Pirates and Publishers demonstrates the pivotal roles of those who produce and circulate knowledge.
The definitive history of China’s philosophical confrontation with modernity, available for the first time in English. What does it mean for China to be modern, or for modernity to be Chinese? How is the notion of historical rupture—a fundamental distinction between tradition and modernity—compatible or not with the history of Chinese thought? These questions animate The Rise of Modern Chinese Thought, a sprawling intellectual history considered one of the most significant achievements of modern Chinese scholarship, available here in English for the first time. Wang Hui traces the seventh-century origins of three key ideas—“principle” (li), “things” (wu), and “propensity” (shi)—and analyzes their continual evolution up to the beginning of the twentieth century. Confucian scholars grappled with the problem of linking transcendental law to the material world, thought to action—a goal that Wang argues became outdated as China’s socioeconomic conditions were radically transformed during the Song Dynasty. Wang shows how the epistemic shifts of that time period produced a new intellectual framework that has proven both durable and malleable, influencing generations of philosophers and even China’s transformation from empire to nation-state in the early twentieth century. In a new preface, Wang also reflects on responses to his book since its original publication in Chinese. With theoretical rigor and uncommon insight into the roots of contemporary political commitments, Wang delivers a masterpiece of scholarship that is overdue in translation. Through deep readings of key figures and classical texts, The Rise of Modern Chinese Thought provides an account of Chinese philosophy and history that will transform our understanding of the modern not only in China but around the world.
This book studies the judicial evolution of the Qing Dynasty. It sums up the changes from six major aspects: 1. Banfang(班房)emerged in the late Qianlong period; 2. The opening of capital appeals(京控)early in Jiaqing’s reign; 3. The consular jurisdiction was established during Daoguang’s reign; 4. The execution on the spot (就地正法)was started in Daoguang and Xianfeng periods; 5. The introduction of fashenju (发审局,a interrogatory court) happened during Tongzhi’s reign; 6. Late in Guangxu’s reign, banishment was abolished, and reforms were made for prisons. In the past, people did not have a comprehensive understanding of these big changes. From the perspective of legal culture, scholars often criticize traditional Chinese law focuses on criminal law while ignores civil law in terms of legal culture, but this situation can be explained in part by the inadequate allocation of resources and authoritarian resources in traditional societies. Using a large number of archives and precious materials such as private notes that were not noticed by academics in the past, this book adopts the research path of new historical jurisprudence to explore the inner logic of judicial evolution in the Qing Dynasty, focusing on the triangular connection between legal rules, resources, and temporal and spatial constructions, which is an important contribution to the study of traditional Chinese law.
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.
In Mediation in Contemporary Chinese Civil Justice, Peter Chan offers one of the most comprehensive analyses of the system of mediation of civil and commercial disputes in contemporary China. Based on extensive interviews with judges and a survey on in-court mediation covering 24 courts in China, the author seeks to answer a question that interests many legal scholars: Is it practically feasible for the mediation of civil disputes in China to take the shape of genuine alternative dispute resolution, rather than being used by the courts as a means to preserve social stability? The book looks beyond procedural rules and examines how judicial culture and beliefs shape the landscape of civil dispute resolution in China.