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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构思很巧妙外加transnational 中国部分强调审理旗民冲突的理事同知(legal pluralism)为领事裁判权的接受铺平了道路 比起作者对1840年之后的论述 我更感兴趣的是legal pluralism在清代中国内地是如何实施的 作者在这里只是援引会典和零星资料做了简要的介绍 但是这个制度是具体怎么实行作者就完全没有交代了
评分一年级读的时候给了4星,现在再看只能给3星不到了,细节可商榷之处尤多
评分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10/22/2015 19世纪国际体系刺激下的共同体发明。对术语翻译的关注肥肠有意思。
评分10/22/2015 19世纪国际体系刺激下的共同体发明。对术语翻译的关注肥肠有意思。
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