How did American schoolchildren, French philosophers, Russian Sinologists, Dutch merchants, and British lawyers imagine China and Chinese law? What happened when agents of presumably dominant Western empires had to endure the humiliations and anxieties of maintaining a profitable but precarious relationship with China? In Chinese Law in Imperial Eyes, Li Chen provides a richly ...
How did American schoolchildren, French philosophers, Russian Sinologists, Dutch merchants, and British lawyers imagine China and Chinese law? What happened when agents of presumably dominant Western empires had to endure the humiliations and anxieties of maintaining a profitable but precarious relationship with China? In Chinese Law in Imperial Eyes, Li Chen provides a richly textured analysis of these related issues and their intersection with law, culture, and politics in the eighteenth and nineteenth centuries.
Using a wide array of sources, Chen's study focuses on the power dynamics of Sino-Western relations during the formative century before the First Opium War (1839-1842). He highlights the centrality of law to modern imperial ideology and politics and brings new insight to the origins of comparative Chinese law in the West, the First Opium War, and foreign extraterritoriality in China. The shifting balance of economic and political power formed and transformed knowledge of China and Chinese law in different contact zones. Chen argues that recovering the variegated and contradictory roles of Chinese law in Western "modernization" helps provincialize the subsequent Euro-Americentric discourse of global modernity.
Chen draws attention to important yet underanalyzed sites in which imperial sovereignty, national identity, cultural tradition, or international law and order were defined and restructured. His valuable case studies show how constructed differences between societies were hardened into cultural or racial boundaries and then politicized to rationalize international conflicts and hierarchy.
作者简介
· · · · · ·
Li Chen is associate professor at the University of Toronto and founding president of the International Society for Chinese Law and History. He has published on late imperial and modern Chinese law and society, Sino-Western encounters, and international law and empire, including a volume coedited with Madeleine Zelin called Chinese Law: Knowledge, Practice and Transformation, 1...
Li Chen is associate professor at the University of Toronto and founding president of the International Society for Chinese Law and History. He has published on late imperial and modern Chinese law and society, Sino-Western encounters, and international law and empire, including a volume coedited with Madeleine Zelin called Chinese Law: Knowledge, Practice and Transformation, 1530s–1950s.
目录
· · · · · ·
Acknowledgments
Introduction
1. Imperial Archives and Historiography of Western Extraterritoriality in China
2. Translation of the Qing Code and Colonial Origins of Comparative Chinese Law
3. Chinese Law in the Formation of European Modernity
4. Sentimental Imperialism and the Global Spectacle of Chinese Punishments
· · · · · ·
(更多)
Acknowledgments
Introduction
1. Imperial Archives and Historiography of Western Extraterritoriality in China
2. Translation of the Qing Code and Colonial Origins of Comparative Chinese Law
3. Chinese Law in the Formation of European Modernity
4. Sentimental Imperialism and the Global Spectacle of Chinese Punishments
5. Law and Empire in the Making of the First Opium War
Conclusion
List of Abbreviations
Notes
Glossary
Bibliography
Index
· · · · · · (收起)
Contrary to what Samuel Huntington and others have argued, therefore, this book shows that it was the "battle lines" of empires that produced the "fault lines between civilizations," not the other way around. (查看原文)
While genuine sympathy might erode national, social, or cultural boundaries, the enunciation of sentimental feelings could also further consolidate them. (查看原文)
"Chinese law played a significant but rarely acknowledged role(negative foil) in shaping the Western discourse and imagination of modernity in different ways: it was frequently cited as a peculiar, pa..."Chinese law played a significant but rarely acknowledged role(negative foil) in shaping the Western discourse and imagination of modernity in different ways: it was frequently cited as a peculiar, paradigmatic, and at times indispensable example to establish the values and concepts that have since come to define modernity in the West..."(展开)
"Chinese law played a significant but rarely acknowledged role(negative foil) in shaping the Western discourse and imagination of modernity in different ways: it was frequently cited as a peculiar, pa..."Chinese law played a significant but rarely acknowledged role(negative foil) in shaping the Western discourse and imagination of modernity in different ways: it was frequently cited as a peculiar, paradigmatic, and at times indispensable example to establish the values and concepts that have since come to define modernity in the West..."(展开)
书评：弗吉尼亚大学教授瑞德Bradly Reed)评《帝国眼中的中国法律》[故纸新言] 发布于 2018-06-24 书评 原载于The Journal of Chinese History, October 2017, pp.378-81 作者：布雷德利·瑞德 （Bradly W. Reed），弗吉尼亚大学历史系 翻译：王雨，多伦多大学历史系中国史博士...
(展开)
[访谈︱陈利：帝国和东方主义话语的内部矛盾] 一部中国法制史的专著先后获得美国法律史学会2017年度彼得·斯坦因（Peter Gonville Stein）最佳著作荣誉提名和亚洲研究协会2018年度列文森奖。此书就是《帝国眼中的中国法律：主权、正义与跨文化政治》（Chinese Law in Imperia...
(展开)
The growing interdependence of China and Western countries in a globalized world has significantly changed the power dynamics underlying Sino-Western relations. But for many observers, China’s law and government appear almost as totalitarian and objectionable as they did one or two centuries ago. If anything, this book has shown how this impulse to essentialize and politicize racial, cultural,...
2018-02-23 10:07:44
The growing interdependence of China and Western countries in a globalized world has significantly changed the power dynamics underlying Sino-Western relations. But for many observers, China’s law and government appear almost as totalitarian and objectionable as they did one or two centuries ago. If anything, this book has shown how this impulse to essentialize and politicize racial, cultural, or national identity and difference could hold the Sino-Western relationship hostage and eventually lead to catastrophic conflicts. We need to rethink rather than reify the historical constructions of boundary and hierarchy in international relations to prevent the concerns about the clash of civilizations or empires from becoming self-fulfilling prophesies again. 引自 Conclusion
When attempting to appropriate Western concepts or institutions, Chinese intellectuals and reformers in the late nineteenth and early twentieth centuries often adopted the strategy of bifurcation—splitting the idea of the West into a “metropolitan West (Western cultures in the West) and the colonial West (the cultures of Western colonizers in China).” As Shu-mei Shih and other scholars have ...
2018-02-23 10:05:04
When attempting to appropriate Western concepts or institutions, Chinese intellectuals and reformers in the late nineteenth and early twentieth centuries often adopted the strategy of bifurcation—splitting the idea of the West into a “metropolitan West (Western cultures in the West) and the colonial West (the cultures of Western colonizers in China).” As Shu-mei Shih and other scholars have shown in relation to Chinese modernity, this strategy enabled Chinese intellectual or social elites to represent the metropolitan West “as an object of emulation, which often resulted in diminishing the [colonial West] as an object of critique.” Thus, Chinese intellectuals could promote Westernization without being seen as “collaborationists.” However, they did become cultural brokers or mediators in the contact zones of a new era. It is worth recalling that many European intellectuals in the eighteenth and early nineteenth centuries—such as Montesquieu, Staunton, Sir John Barrow, and Lord Francis Jeffrey—had also utilized a similar bifurcation strategy, recommending some Chinese laws or legal principles as worthy of being borrowed by European countries even while dismissing the legal system as suitable only for Oriental despotism.引自 Conclusion
It is also worth reiterating that China, viewed as an archetypal state of Oriental despotism, likewise exerted a profound influence upon Western modernity, by negatively defining what was not a modern civilization or a modern political or legal system. To put it rather simplistically, both such “positive” and “negative” Chinese impact should be taken into account when discussing Sino-Wester...
2018-02-23 10:02:11
It is also worth reiterating that China, viewed as an archetypal state of Oriental despotism, likewise exerted a profound influence upon Western modernity, by negatively defining what was not a modern civilization or a modern political or legal system. To put it rather simplistically, both such “positive” and “negative” Chinese impact should be taken into account when discussing Sino-Western encounters and cultural exchanges. What further complicated the situation is the fact that many Chinese later utilized various Orientalist representations of Chinese law or civilization to push for “modernization” of China, ironically, in order to end foreign domination. 引自 Conclusion
Even after China had been reduced to a semicolonial country as a result of the two Opium Wars, the Western empires rarely based their China policies on their military or political domination. Instead, those policies were most effectively represented as necessary for redressing or preventing injury to life, property, treaty rights, or national feeling. This narrative of native injury to the domi...
2018-02-23 09:58:05
Even after China had been reduced to a semicolonial country as a result of the two Opium Wars, the Western empires rarely based their China policies on their military or political domination. Instead, those policies were most effectively represented as necessary for redressing or preventing injury to life, property, treaty rights, or national feeling. This narrative of native injury to the dominant power was by no means confined to the Sino-Western relationship. Its popularity and efficacy in modern politics lies precisely in its liminal position—just like sentiment itself—which enables it to appeal to affect and emotions without being fully bound by formal legal or moral norms, and to claim legal and moral authority without losing its emotional power.引自 4 Sentimental Imperialism and the Global Spectacle of Chinese Punishments
Contrary to what Samuel Huntington and others have argued, therefore, this book shows that it was the "battle lines" of empires that produced the "fault lines between civilizations," not the other way around.
2018-02-22 06:23:05
Contrary to what Samuel Huntington and others have argued, therefore, this book shows that it was the "battle lines" of empires that produced the "fault lines between civilizations," not the other way around.引自 Introduction
While genuine sympathy might erode national, social, or cultural boundaries, the enunciation of sentimental feelings could also further consolidate them.
2018-02-23 09:16:15
While genuine sympathy might erode national, social, or cultural boundaries, the enunciation of sentimental feelings could also further consolidate them.引自 4 Sentimental Imperialism and the Global Spectacle of Chinese Punishments
Emerging from these coloful visualization of "Chinese" punishments was a modern subject presumably sympathetic to other suffering human beings and an imperial subject celebrating British or Western superiority. Whereas it was taken for granted that the editor and his readers would agonize over "the pangs of suffering humanity," the Chinese were said to have determined innocence by "the mental a...
2018-02-23 09:28:48
Emerging from these coloful visualization of "Chinese" punishments was a modern subject presumably sympathetic to other suffering human beings and an imperial subject celebrating British or Western superiority. Whereas it was taken for granted that the editor and his readers would agonize over "the pangs of suffering humanity," the Chinese were said to have determined innocence by "the mental and corporeal power of enduring pain" through torture, exercised tyrannical control over society, and condoned the unrepresentable kinds of cruel punishments. Sympathy was presumed as a universal capacity of humanity, but its invocation here served to exclude people from "modern" humanity.引自 4 Sentimental Imperialism and the Global Spectacle of Chinese Punishments
...we also witness a practice of geographical sympathy, which withdraws sympathy from those removed by spatial and cultural distance from European metropoles. Since our rational judgment cannot be totally insulated from our sociocultural milieus and personal interests, Smith's idealized impartial spectator often became an imperial spectator in transimperial contexts. In other words, despite the...
2018-02-23 09:37:59
...we also witness a practice of geographical sympathy, which withdraws sympathy from those removed by spatial and cultural distance from European metropoles. Since our rational judgment cannot be totally insulated from our sociocultural milieus and personal interests, Smith's idealized impartial spectator often became an imperial spectator in transimperial contexts. In other words, despite the Enlightenment claim of its universal nature, sympathy is almost always differentially distributed along perceived national, social, or cultural boundaries.引自 4 Sentimental Imperialism and the Global Spectacle of Chinese Punishments
The growing interdependence of China and Western countries in a globalized world has significantly changed the power dynamics underlying Sino-Western relations. But for many observers, China’s law and government appear almost as totalitarian and objectionable as they did one or two centuries ago. If anything, this book has shown how this impulse to essentialize and politicize racial, cultural,...
2018-02-23 10:07:44
The growing interdependence of China and Western countries in a globalized world has significantly changed the power dynamics underlying Sino-Western relations. But for many observers, China’s law and government appear almost as totalitarian and objectionable as they did one or two centuries ago. If anything, this book has shown how this impulse to essentialize and politicize racial, cultural, or national identity and difference could hold the Sino-Western relationship hostage and eventually lead to catastrophic conflicts. We need to rethink rather than reify the historical constructions of boundary and hierarchy in international relations to prevent the concerns about the clash of civilizations or empires from becoming self-fulfilling prophesies again. 引自 Conclusion
When attempting to appropriate Western concepts or institutions, Chinese intellectuals and reformers in the late nineteenth and early twentieth centuries often adopted the strategy of bifurcation—splitting the idea of the West into a “metropolitan West (Western cultures in the West) and the colonial West (the cultures of Western colonizers in China).” As Shu-mei Shih and other scholars have ...
2018-02-23 10:05:04
When attempting to appropriate Western concepts or institutions, Chinese intellectuals and reformers in the late nineteenth and early twentieth centuries often adopted the strategy of bifurcation—splitting the idea of the West into a “metropolitan West (Western cultures in the West) and the colonial West (the cultures of Western colonizers in China).” As Shu-mei Shih and other scholars have shown in relation to Chinese modernity, this strategy enabled Chinese intellectual or social elites to represent the metropolitan West “as an object of emulation, which often resulted in diminishing the [colonial West] as an object of critique.” Thus, Chinese intellectuals could promote Westernization without being seen as “collaborationists.” However, they did become cultural brokers or mediators in the contact zones of a new era. It is worth recalling that many European intellectuals in the eighteenth and early nineteenth centuries—such as Montesquieu, Staunton, Sir John Barrow, and Lord Francis Jeffrey—had also utilized a similar bifurcation strategy, recommending some Chinese laws or legal principles as worthy of being borrowed by European countries even while dismissing the legal system as suitable only for Oriental despotism.引自 Conclusion
It is also worth reiterating that China, viewed as an archetypal state of Oriental despotism, likewise exerted a profound influence upon Western modernity, by negatively defining what was not a modern civilization or a modern political or legal system. To put it rather simplistically, both such “positive” and “negative” Chinese impact should be taken into account when discussing Sino-Wester...
2018-02-23 10:02:11
It is also worth reiterating that China, viewed as an archetypal state of Oriental despotism, likewise exerted a profound influence upon Western modernity, by negatively defining what was not a modern civilization or a modern political or legal system. To put it rather simplistically, both such “positive” and “negative” Chinese impact should be taken into account when discussing Sino-Western encounters and cultural exchanges. What further complicated the situation is the fact that many Chinese later utilized various Orientalist representations of Chinese law or civilization to push for “modernization” of China, ironically, in order to end foreign domination. 引自 Conclusion
Even after China had been reduced to a semicolonial country as a result of the two Opium Wars, the Western empires rarely based their China policies on their military or political domination. Instead, those policies were most effectively represented as necessary for redressing or preventing injury to life, property, treaty rights, or national feeling. This narrative of native injury to the domi...
2018-02-23 09:58:05
Even after China had been reduced to a semicolonial country as a result of the two Opium Wars, the Western empires rarely based their China policies on their military or political domination. Instead, those policies were most effectively represented as necessary for redressing or preventing injury to life, property, treaty rights, or national feeling. This narrative of native injury to the dominant power was by no means confined to the Sino-Western relationship. Its popularity and efficacy in modern politics lies precisely in its liminal position—just like sentiment itself—which enables it to appeal to affect and emotions without being fully bound by formal legal or moral norms, and to claim legal and moral authority without losing its emotional power.引自 4 Sentimental Imperialism and the Global Spectacle of Chinese Punishments
多伦多大学陈利
The growing interdependence of China and Western countries in a globalized world has significantly changed the power dynamics underlying Sino-Western relations. But for many observers, China’s law and government appear almost as totalitarian and objectionable as they did one or two centuries ago. If anything, this book has shown how this impulse to essentialize and politicize racial, cultural,...
0 有用 东木 2018-11-21 00:56:19
非常出色的法律和历史类作品 作者对法律史和后殖民研究的很多概念有着恰当的运用 同时史料的解读和搜罗又避免了这类研究被人诟病之处 可以看得出来作者不光熟悉清朝 也能运用一手资料研究英国法律史 第一章中作者运用新的英方史料还原了第一场中英法律冲突（已经独立发表了） 第三章讲大清律译本在欧洲的流传是如何助力当时欧洲的法律改革 尽管中国法律在其中起的作用究竟有多大还值得探讨 但是作者这个观点确实是让人耳目... 非常出色的法律和历史类作品 作者对法律史和后殖民研究的很多概念有着恰当的运用 同时史料的解读和搜罗又避免了这类研究被人诟病之处 可以看得出来作者不光熟悉清朝 也能运用一手资料研究英国法律史 第一章中作者运用新的英方史料还原了第一场中英法律冲突（已经独立发表了） 第三章讲大清律译本在欧洲的流传是如何助力当时欧洲的法律改革 尽管中国法律在其中起的作用究竟有多大还值得探讨 但是作者这个观点确实是让人耳目一新 第五章讲得是鸦片战争的法律起源 突出了法律的话语（discourse of law）在促成议会出兵中的决定性作用 (展开)
0 有用 星空 2019-07-12 14:14:41
GREAT.
0 有用 邪恶猪排江湖骗子 2018-11-29 07:18:13
Sentimental liberism对于解释为何欧洲在仍保留酷刑的前提下仍然将中国建构为残忍形象非常有帮助，而且材料及论证也很充分。正在用它提到的理论来为一张照片解释新的意义。
0 有用 被讨厌的阿德勒 2020-10-14 22:27:40
精读完的第一本英文书，理论色彩太强，第一章最精彩。
1 有用 周方怡 2022-01-01 05:13:32
"Chinese law played a significant but rarely acknowledged role(negative foil) in shaping the Western discourse and imagination of modernity in different ways: it was frequently cited as a peculiar, pa... "Chinese law played a significant but rarely acknowledged role(negative foil) in shaping the Western discourse and imagination of modernity in different ways: it was frequently cited as a peculiar, paradigmatic, and at times indispensable example to establish the values and concepts that have since come to define modernity in the West..." (展开)
1 有用 周方怡 2022-01-01 05:13:32
"Chinese law played a significant but rarely acknowledged role(negative foil) in shaping the Western discourse and imagination of modernity in different ways: it was frequently cited as a peculiar, pa... "Chinese law played a significant but rarely acknowledged role(negative foil) in shaping the Western discourse and imagination of modernity in different ways: it was frequently cited as a peculiar, paradigmatic, and at times indispensable example to establish the values and concepts that have since come to define modernity in the West..." (展开)
0 有用 许季山 2021-01-17 15:27:54
整个还是后殖民理论框架下的著作，第一章、第二章很不错，但到后面就有些后继乏力。
0 有用 被讨厌的阿德勒 2020-10-14 22:27:40
精读完的第一本英文书，理论色彩太强，第一章最精彩。
0 有用 DQ 2020-02-24 18:41:49
目前对中西早期法律冲突的最全面的讨论，史料丰富，对案例、法律思想史、媒体形象进行了系统梳理，截至鸦片战争。作者另有一些新作探讨19世纪下半叶的中西法律交流和清末修律问题。比较重要的概念有sentimental imperialism / affective sovereignty
0 有用 燕秋 2020-01-28 20:51:39
理论最完整的今年法律史著作之一，英国方面的文献挖掘也见功力。