Grounds of Judgment 在线电子书 图书标签: 海外中国研究 历史 近代史 法律史与法律文化 东亚史 日本 中国近代史 上海学
发表于2024-12-23
Grounds of Judgment 在线电子书 pdf 下载 txt下载 epub 下载 mobi 下载 2024
之前準備資格考讀了第一章。現在才算是讀過一遍。新清史2.0代表作之一。算是新一代學者進軍1840年以後的清史、民族史與中日關係史代表作,討論治外法權在中日兩國的發展與其在清朝的內亞淵源。
评分好的一点在于通过中日历史对比,强调了民族主义在一个国家对治外法权态度与政策上的深远影响。不过读完始终感觉有点不对劲,作者前半部分主要用清的“法律多元主义”来解释为什么“治外法权”能够在中国轻易接受渗透扎根而在日本却没有,在后半部分却又强调日本的“民族国家”的形成使其极度反感“治外法权”对“领土主权”的侵犯。所以在解释中日对“治外法权”的两种态度时,作者好像同时引入了两个变量,即清的“法律多元主义”和日本的“民族国家形成”,这两者到底是什么关系?作者似乎并没有注意
评分The books tries to answer the question how extraterritoriality became a problem in China. It is quite interesting to see the issue in the eyes of the Qing, viewing it as rooted in the Qing political tradition and flexible judical system. All good, until the conclusion lowers it a bit down.
评分新清史的思路。传统认为晚清治外法权是半殖民主义体制,本书则从清帝国自身的legal pluralism传统解释,清朝对满汉蒙等不同族群一直采取不同治理机制,并且治外法权在某些情况下还是清廷自己提出的,以避免涉外法律纠纷。
评分The books tries to answer the question how extraterritoriality became a problem in China. It is quite interesting to see the issue in the eyes of the Qing, viewing it as rooted in the Qing political tradition and flexible judical system. All good, until the conclusion lowers it a bit down.
Par Kristoffer Cassel is Assistant Professor of History at the University of Michigan.
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.
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Grounds of Judgment 在线电子书 pdf 下载 txt下载 epub 下载 mobi 下载 2024