Mrs van der Sprenkel was led to undertake this journey by her experiences while living in China. lt is a detailed sociological analysis of the whole complex of legal and quasi-legal institutions during the Manchu period. Using a wide range of source material, Mrs van der Sprenkel discusses both the concepts underlying and the actual working of government and administration in Manchu China, the nature of the law, judicial procedure, and, finally, the effectiveness of the law in supporting social order.
The Board of Rites and the Making of Qing China presents a major new approach in research on the formation of the Qing empire (1636–1912) in early modern China. Focusing on the symbolic practices that structured domination and legitimized authority, the book challenges traditional understandings of state-formation, and argues that in addition to war making and institution building, the disciplining of diverse political actors, and the construction of political order through symbolic acts were essential undertakings in the making of the Qing state. Beginning in 1631 with the establishment of the key disciplinary organization, the Board of Rites, and culminating with the publication of the first administrative code in 1690, Keliher shows that the Qing political environment was premised on sets of intertwined relationships constantly performed through acts such as the New Year’s Day ceremony, greeting rites, and sumptuary regulations, or what was referred to as li in Chinese. Drawing on Chinese- and Manchu-language archival sources, this book is the first to demonstrate how Qing state-makers drew on existing practices and made up new ones to reimagine political culture and construct a system of domination that lay the basis for empire.
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, based on the theory of Marxism-Leninism, aims to study the essence, content and features of various legal systems in China in different historical periods, as well as the rules of the development of Chinese legal systems. It effectively combines classic analysis and historical analysis to probe historical facts and elaborate the historical role of the legal system, revealing both the general and the specific rules of the development of China s legal system on the basis of the existing relevant research. The subject matter is of abundant theoretical and practical significance, as it enriches Marxist legal studies, deepens readers’ understanding of China s legal civilization and offers guiding principles for the creation of socialist legal systems with Chinese characteristics. It discusses the trends in thinking on the reconstruction of the legal system; changing laws; western legal culture; the legal system in the period of westernization, constitution and reform; preparation for constitutionalism; modification of the law during the late Qing Dynasty; criminal, civil and commercial legislation; and judicial reforms in the modern era as well as the various ups and downs and cases of malconduct after the founding of the People’s Republic of China
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.
Remaking the Chinese Empire examines China's development from an empire into a modern state through the lens of Sino-Korean political relations during the Qing period. Incorporating Korea into the historical narrative of the Chinese empire, it demonstrates that the Manchu regime used its relations with Chosŏn Korea to establish, legitimize, and consolidate its identity as the civilized center of the world, as a cosmopolitan empire, and as a modern sovereign state. For the Manchu regime and for the Chosŏn Dynasty, the relationship was one of mutual dependence, central to building and maintaining political legitimacy. Yuanchong Wang illuminates how this relationship served as the very model for China's foreign relations. Ultimately, this precipitated contests, conflicts, and compromises among empires and states in East Asia, Inner Asia, and Southeast Asia – in particular, in the nineteenth century when international law reached the Chinese world. By adopting a long-term and cross-border perspective on high politics at the empire's core and periphery, Wang revises our understanding of the rise and transformation of the last imperial dynasty of China. His work reveals new insights on the clashes between China's foreign relations system and its Western counterpart, imperialism and colonialism in the Chinese world, and the formation of modern sovereign states in East Asia. Most significantly, Remaking the Chinese Empire breaks free of the established, national history-oriented paradigm, establishing a new paradigm through which to observe and analyze the Korean impact on the Qing Dynasty.
China’s struggle for the rule of law is at a critical juncture. As a key element of governance in the PRC today, China’s legal system affects not only domestic affairs but also China’s engagement with the world. But can a credible legal system emerge which protects the rights of citizens and international partners without undermining the power of the Party State? And is the Chinese Communist Party willing to embark on judicial reforms that may jeopardize its very survival? Understanding the PRC legal system is increasingly important as China rises to prominence in the world. In this compelling analysis, noted legal scholar Pitman Potter examines the ideals and practices of China’s legal regime, in light of international standards and local conditions. Against a rich historical backdrop, Potter explains how China’s legal system supports three key policy objectives; namely, political stability, economic prosperity, and social development. In exploring these competing policy goals and the tensions between them, he also raises fundamental questions about government expectations of the role of law in regulating local and international socio-economic and political relationships. This wide-ranging and readable introduction will be an invaluable guide for students and non-specialists interested in China’s ongoing process of legal modernization.
During the Qing dynasty (1644–1911), the province emerged as an important element in the management of the expanding Chinese empire, with governors -- those in charge of these increasingly influential administrative units -- playing key roles. R. Kent Guy’s comprehensive study of this shift concentrates on the governorship system during the reigns of the Shunzhi, Kangxi, Yongzheng, and Qianlong emperors, who ruled China from 1644 to 1796. In the preceding Ming dynasty (1368–1644), the responsibilities of provincial officials were ill-defined and often shifting; Qing governors, in contrast, were influential members of a formal administrative hierarchy and enjoyed the support of the central government, including access to resources. These increasingly powerful officials extended the court’s influence into even the most distant territories of the Qing empire. Both masters of the routine processes of administration and troubleshooters for the central government, Qing governors were economic and political administrators who played crucial roles in the management of a larger and more complex empire than the Chinese had ever known. Administrative concerns varied from region to region: Henan was dominated by the great Yellow River, which flowed through the province; the Shandong governor dealt with the exchange of goods, ideas, and officials along the Grand Canal; in Zhili, relations between civilians and bannermen in the strategically significant coastal plain were key; and in northwestern Shanxi, governors dealt with border issues. Qing Governors and Their Provinces uses the records of governors’ appointments and the laws and practices that shaped them to reconstruct the development of the office of provincial governor and to examine the histories of governors’ appointments in each province. Interwoven throughout is colorful detail drawn from the governors’ biographies.
This book analyses the major features of the Chinese legal system, on the eve of its accession to the World Trade Organisation and will be essential reading for students and academics in the field of Chinese law.
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.
