Grounds of Judgment: Extraterritoriality and Imperial Power in Nineteenth-Century China and Japan
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. Pär 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.
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Contents
Introduction
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3 |
The Legacies of Legal Pluralism Subjecthood and StateBuilding in China and Japan
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15 |
The Chinese Unequal Treaties
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39 |
The Mixed Court and the British Supreme Court in Shanghai
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63 |
The Evolution of Jurisdiction over Foreigners in Japan from the Expulsion Edict to the SinoJapanese Treaty of Tianjin
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85 |
SinoJapanese Cases 187095
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115 |
Treaty Revision in Meiji Japan and Qing China 18601912
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149 |
Conclusion
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179 |
Glossary of Chinese and Japanese Terms
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187 |
Notes
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197 |
231 | |
251 | |
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Grounds of Judgment: Extraterritoriality and Imperial Power in Nineteenth ... Par Kristoffer Cassel No preview available - 2011 |
Common terms and phrases
Alcock Bakufu banner bannermen Beijing British Chen China and Japan Chinese and Japanese Chinese community circuit intendant claim consular courts consular jurisdiction Court in Shanghai crime criminal diplomatic DNGB emperor English established ethnic extraterritorial privileges fact foreign minister French Guangzhou Han Chinese Hongzhang huishen imperial incident Inoue Kaoru Japanese authorities Japanese government Japanese law judicial subprefect Kotenev legal pluralism legal reform legal system Li Hongzhang lishi tongzhi magistrate Manchu Meiji Japan Ming Mixed Court Mongol most-favored-nation Nagasaki negotiations nese opium punishment Qing authorities Qing Code Qing consul Qing dynasty Qing Empire Qing government Qing legal order Qing officials Qing statesmen régime regulations relations residents Russian samurai Shanghai Shenbao Sino-Japanese Treaty status subprefect territorial tion Tokugawa trade translation Treaty of Tianjin treaty port system treaty ports treaty powers treaty revision trial tried unequal treaties Wang Western Ying Yokohama Zongli Yamen