Tag Archives: Republican

New Publication: Maria Adele Carrai, “Sovereignty in China: A Genealogy of a Concept since 1840”

Sovereignty in China: A Genealogy of a Concept since 1840

Maria Adele Carrai, Katholieke Universiteit Leuven, Belgium

Cambridge University Press, 2019

Publisher’s Link

https://www.cambridge.org/us/academic/subjects/law/public-international-law/sovereignty-china-genealogy-concept-1840

Publisher’s Description

This book provides a comprehensive history of the emergence and the formation of the concept of sovereignty in China from the year 1840 to the present. It contributes to broadening the history of modern China by looking at the way the notion of sovereignty was gradually articulated by key Chinese intellectuals, diplomats and political figures in the unfolding of the history of international law in China, rehabilitates Chinese agency, and shows how China challenged Western Eurocentric assumptions about the progress of international law. It puts the history of international law in a global perspective, interrogating the widely-held belief of international law as universal order and exploring the ways in which its history is closely anchored to a European experience that fails to take into account how the encounter with other non-European realities has influenced its formation.

Table of Contents

Introduction
1. International law and the sinocentric ritual system: a nineteenth-century clash of normative orders
2. Secularizing a sacred empire: early translations and uses of international law
3. China’s struggle for survival and the new Darwinist conception of international society (1895–1911)
4. China rejoining the world and its fictional sovereignty, 1912–1949
5. From Proletarian revolution to peaceful coexistence: sovereignty in the PRC, 1949–1989
Conclusion

Follow us on
FacebooktwitterlinkedinrssyoutubeFacebooktwitterlinkedinrssyoutube

Share this on
FacebooktwitterredditpinterestlinkedinmailFacebooktwitterredditpinterestlinkedinmail

New Publication: Philip Thai, China’s War on Smuggling: Law, Economic Life, and the Making of the Modern State, 1842–1965

China’s War on Smuggling: Law, Economic Life, and the Making of the Modern State, 1842–1965

Philip Thai, Northeastern University

Columbia University Press, 2018

Available at Columbia University Press, Amazon, and independent bookstores. Orders through Columbia’s website are eligible for 30% discount using coupon code THAI or CUP30 at checkout.

Publisher’s Description

Smuggling along the Chinese coast has been a thorn in the side of many regimes. From opium and weapons concealed aboard foreign steamships in the Qing dynasty to nylon stockings and wristwatches trafficked in the People’s Republic, contests between state and smuggler have exerted a surprising but crucial influence on the political economy of modern China. Seeking to consolidate domestic authority and confront foreign challenges, states introduced tighter regulations, higher taxes, and harsher enforcement. These interventions sparked widespread defiance, triggering further coercive measures. Smuggling simultaneously threatened the state’s power while inviting repression that strengthened its authority.

Philip Thai chronicles the vicissitudes of smuggling in modern China—its practice, suppression, and significance—to demonstrate the intimate link between illicit coastal trade and the amplification of state power. China’s War on Smuggling shows that the fight against smuggling was not a simple law enforcement problem but rather an impetus to centralize authority and expand economic controls. The smuggling epidemic gave Chinese states pretext to define legal and illegal behavior, and the resulting constraints on consumption and movement remade everyday life for individuals, merchants, and communities. Drawing from varied sources such as legal cases, customs records, and popular press reports and including diverse perspectives from political leaders, frontline enforcers, organized traffickers, and petty runners, Thai uncovers how different regimes policed maritime trade and the unintended consequences their campaigns unleashed. China’s War on Smuggling traces how defiance and repression redefined state power, offering new insights into modern Chinese social, legal, and economic history.

Table of Contents

Introduction
1. Coastal Commerce and Imperial Legacies: Smuggling and Interdiction in the Treaty Port Legal Order
2. Tariff Autonomy and Economic Control: The Intellectual Lineage of the Smuggling Epidemic
3. State Interventions and Legal Transformations: Asserting Sovereignty in the War on Smuggling
4. Shadow Economies and Popular Anxieties: The Business of Smuggling in Operation and Imagination
5. Economic Blockades and Wartime Trafficking: Clandestine Political Economies Under Competing Sovereignties
6. State Rebuilding and New Smuggling Geographies: Restoring and Evading Economic Controls in Civil War China
7. Old Menace in New China: Symbiotic Economies in the Early People’s Republic
Conclusion
Character List
Notes
Bibliography

For more information:
https://cup.columbia.edu/book/a/9780231185844

Follow us on
FacebooktwitterlinkedinrssyoutubeFacebooktwitterlinkedinrssyoutube

Share this on
FacebooktwitterredditpinterestlinkedinmailFacebooktwitterredditpinterestlinkedinmail

New Publication: Margaret Kuo, Intolerable Cruelty: Marriage, Law, and Society in Early Twentieth-Century China

Intolerable Cruelty: Marriage, Law, and Society in Early Twentieth-Century China

Margaret Kuo

Rowman & Littlefield, 2012

Publisher’s Description:

At the outset of the Nanjing decade (1928–1937), a small group of Chinese legal elites worked to codify the terms that would bring the institutions of marriage and family into the modern world. Their deliberations produced the Republican Civil Code of 1929–1930, the first Chinese law code endowed with the principle of individual rights and gender equality. In the decades that followed, hundreds of thousands of women and men adopted the new marriage laws and brought myriad domestic grievances before the courts.

Intolerable Cruelty thoughtfully explores key issues in modern Chinese history, including state-society relations, social transformation, and gender relations in the context of the Republican Chinese experiment with liberal modernity. Investigating both the codification process and the subsequent implementation of the Code, Margaret Kuo deftly challenges arguments that discount Republican law as an elite pursuit that failed to exert much influence beyond modernized urban households. She reconsiders the dominant narratives of the 1930s and 1940s as “dark years” for Chinese women. Instead, she convincingly recasts the history of these years from the perspective of women who actively and successfully engaged the law to improve their lives.

Table of Contents:

Part I: Law and the State

Chapter 1: Introduction

Chapter 2: GMD Legal Exceptionalism: Conceptual Underpinnings of the Republican Civil Code

Chapter 3: The Rise of Public Opinion: The Case of GMD Surname Legislation

Chapter 4: The Process of Civil Adjudication: Marital Justice and the Republican Civil Court System

Part II: Law and Society

Chapter 5: Spousal Abuse: Divorce Litigation and the Emergence of Rights Consciousness

Chapter 6: Running Away: Cohabitation Litigation and the Reconfiguration of Husband Patriarchy

Chapter 7: Bourgeois Affairs: Separation and Support Litigation and Injury to Reputation

Chapter 8: Natural Eunuchs: Husband Impotence Annulment Litigation and Legal Opportunism

Chapter 9: Conclusion

Author:

Margaret Kuo is associate professor in the Department of History at California State University, Long Beach and EDS-Stewart Fellow at the Center for the Pacific Rim, University of San Francisco.

Follow us on
FacebooktwitterlinkedinrssyoutubeFacebooktwitterlinkedinrssyoutube

Share this on
FacebooktwitterredditpinterestlinkedinmailFacebooktwitterredditpinterestlinkedinmail

New Publication: Michael H.K. Ng, Legal Transplantation in Early Twentieth-Century China

Legal Transplantation in Early Twentieth-Century China: Practicing Law in Republican Beijing (1910s-1930s)

Michael H.K. Ng

Routledge, 2014

Publisher’s description:

“Practicing law” has a dual meaning in this book. It refers to both the occupational practice of law and the practicing of transplanted laws and institutions to perfect them.

The book constitutes the first monographic work on the legal history of Republican Beijing, and provides an in-depth and comprehensive account of the practice of law in the city of Beijing during a period of social transformation. Drawing upon unprecedented research using archived records and other primary materials, it explores the problems encountered by Republican Beijing’s legal practitioners, including lawyers, policemen, judges and criminologists, in applying transplanted laws and legal institutions when they were inapplicable to, incompatible with, or inadequate for resolving everyday legal issues. These legal practitioners resolved the mismatch, the author argues, by quite sensibly assimilating certain imperial laws and customs and traditional legal practices into the daily routines of the recently imported legal institutions. Such efforts by indigenous legal practitioners were crucial in, and an integral part of, the making of legal transplantation in Republican Beijing.

This work not only makes significant contributions to scholarship on the legal history of modern China, but also offers insights into China’s quest for modernization in its first wave of legal globalization. It is thus of great value to legal historians, comparative legal scholars, specialists in Chinese law and China studies, and lawyers and law students with an interest in Chinese legal history.

Table of Contents:

Introduction

1. Practice of Judgment

2. Practice of Policing

3. Practice of Lawyering

4. Obstacles to the Practice of Lawyering

5. Practice of Crime Experts

Conclusion

Follow us on
FacebooktwitterlinkedinrssyoutubeFacebooktwitterlinkedinrssyoutube

Share this on
FacebooktwitterredditpinterestlinkedinmailFacebooktwitterredditpinterestlinkedinmail