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Chinese Law in Imperial Eyes

Chinese Law in Imperial Eyes
Author: Li Chen
Publisher: Columbia University Press
Total Pages: 417
Release: 2015-12-22
Genre: History
ISBN: 0231540213
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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.

Chinese Law

Chinese Law
Author: Li Chen
Publisher: BRILL
Total Pages: 410
Release: 2015-01-27
Genre: History
ISBN: 900428849X
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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.

Heaven Has Eyes

Heaven Has Eyes
Author: Xiaoqun Xu
Publisher: Oxford University Press, USA
Total Pages: 377
Release: 2020
Genre: China
ISBN: 0190060042
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"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"--

Circulating the Code

Circulating the Code
Author: Ting Zhang
Publisher: University of Washington Press
Total Pages: 265
Release: 2020-04-15
Genre: History
ISBN: 029574717X
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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.

Legal Orientalism

Legal Orientalism
Author: Teemu Ruskola
Publisher: Harvard University Press
Total Pages: 358
Release: 2013-06-03
Genre: Law
ISBN: 0674075781
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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.

The Laws and Economics of Confucianism

The Laws and Economics of Confucianism
Author: Taisu Zhang
Publisher: Cambridge University Press
Total Pages: 319
Release: 2017-10-12
Genre: Business & Economics
ISBN: 1107141117
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Zhang argues that property institutions in preindustrial China and England were a cause of China's lagging development in preindustrial times.

Law Codes in Dynastic China

Law Codes in Dynastic China
Author: John Warren Head
Publisher:
Total Pages: 288
Release: 2005
Genre: Law
ISBN:
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In telling the story of Law Codes in Dynastic China, John Head and Yanping Wang offer a bird's eye view of Chinese legal history from the earliest dynasties to the last. They survey the majestic sweep of China's legal tradition by allowing the details to emerge from the works of many scholars and then connecting those details in a storyline that revolves around a unifying theme: legal codification. In this way, Law Codes in Dynastic China brings to life such characters as the Duke of Zhou, Confucius, Khubilai Khan, and dozens of other emperors, rebels, scholars, and eunuchs. The book also illuminates the great movements and philosophies of China -- Imperial Confucianism, Legalism, correlative cosmology, Daoism, and others -- all in order to reveal both the spirit and the practicalities of law in dynastic China. This new one-volume text will prove valuable not only for researchers in the areas of Chinese law, legal history, and Chinese history, but also for students in a variety of undergraduate and graduate programs and for legal practitioners whose work calls for them to have a historically-based understanding of China's legal culture. For all readers, the book provides comprehensive citation to authorities and sources for further study -- with special emphasis on recent findings and translations. Moreover, for the general lay reader, the book offers a fascinating look at the intersection of three paths of literature and learning: law, history, and China. In doing so, it facilitates a broader appreciation of contemporary China as well. "I have never enjoyed reading a book of History so much since Terry Jones' The Crusades. However, it is also a serious book. Despite the breaktaking speed with which the authors drag the reader through the highs and lows of Dynastic China, the authors are careful in their presentation and are faithful to the sources... a useful sourcebook for researchers as well as an entertaining read." -- Law & Politics Book Review

Origins of Chinese Law

Origins of Chinese Law
Author: Yongping Liu
Publisher:
Total Pages: 384
Release: 1998
Genre: Law
ISBN:
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"Origins of Chinese Law develops and supports an original, yet controversial, picture of early Chinese law. Casting doubt on the accepted premise that there was a unified system of law and punishment throughout the ancient Chinese empire based on the wuxing, or five punishments, the author suggests a more complicated and diverse picture: that from their earliest origins the Chinese people were subject to different laws and punishments based on their clan or social status." "Using a wealth of literary evidence from the Confucian classics and historical writings, and making use of recent archaeological excavations of oracle bones, bronze inscriptions, and bamboo strips, the author elucidates the central concepts that formed the basis of early Chinese law such as Li, covenant, punishment, and the theories and practice of law of the Qin and Han dynasties."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

To Steal a Book Is an Elegant Offense

To Steal a Book Is an Elegant Offense
Author: William P. Alford
Publisher: Stanford University Press
Total Pages: 238
Release: 1995
Genre: Law
ISBN: 0804729603
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This sweeping study examines the law of intellectual property in Chinese civilization from imperial days to the present. It uses materials drawn from law, the arts and other fields as well as extensive interviews with Chinese and foreign officials, business people, lawyers, and perpetrators and victims of "piracy."

Law across imperial borders

Law across imperial borders
Author: Emily Whewell
Publisher: Manchester University Press
Total Pages: 291
Release: 2019-12-20
Genre: History
ISBN: 1526140047
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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.