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Pär Kristoffer Cassel - Grounds of Judgment: Extraterritoriality and Imperial Power in Nineteenth-Century China and Japan

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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.
Pr Cassels 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 couldnt 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

OXFORD STUDIES IN INTERNATIONAL HISTORY

JAMES J. SHEEHAN, SERIES ADVISOR

The Wilsonian Moment

Self-Determination and the International Origins of Anticolonial Nationalism

Erez Manela

In Wars Wake

Europes Displaced Persons in the Postwar Order

Gerard Daniel Cohen

Grounds of Judgment

Extraterritoriality and Imperial Power in Nineteenth-Century China and Japan

Pr Kristoffer Cassel

Grounds of Judgment

Extraterritoriality and Imperial Power
in Nineteenth-Century China and Japan

PR KRISTOFFER CASSEL

Grounds of Judgment Extraterritoriality and Imperial Power in Nineteenth-Century China and Japan - image 1

Grounds of Judgment Extraterritoriality and Imperial Power in Nineteenth-Century China and Japan - image 2

Oxford University Press, Inc., publishes works that further

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Copyright 2012 by Oxford University Press, Inc.

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All rights reserved. No part of this publication may be reproduced,
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without the prior permission of Oxford University Press.

Library of Congress Cataloging-in-Publication Data
Cassel, Pr Kristoffer.

Grounds of judgment: extraterritoriality and imperial power
in nineteenth-century China and Japan / Pr Kristoffer Cassel.

p. cm.(Oxford studies in international history)
Includes bibliographical references and index.

ISBN 978-0-19-979205-4

1. CapitulationsChinaHistory19th century.

2. CapitulationsJapanHistory19th century.

3. ExterritorialityChinaHistory19th century.

4. ExterritorialityJapanHistory19th century.

5. EuropeansLegal status, laws, etc.ChinaHistory19th century.

6. AmericansLegal status, laws, etc.ChinaHistory19th century.

7. EuropeansLegal status, laws, etc.JapanHistory19th century.

8. AmericansLegal status, laws, etc.JapanHistory19th century. I. Title.

KNC127.C37 2011

341.42dc23 2011019517

1 3 5 7 9 8 6 4 2

Printed in the United States of America
on acid-free paper

Den hr boken tillgnas min morfar Gustaf Ranhagen, som gav mig mod att studera frmmande sprk och fick mig att pbrja min lnga resa till fjrran lnder.

CONTENTS
ACKNOWLEDGMENTS

Like many other academic works, this book started as a dissertation, but it is the product of a much longer intellectual trajectory. My love of language and history were two of the reasons why I chose to study Chinese, Japanese, and East Asian history in the first place. My interest in law goes back to my days as an undergraduate, when I applied and was admitted to the Law School at the University of Stockholm. However, I was also awarded a Swedish-Chinese government scholarship to study Chinese history at Nanjing University, so I chose to turn down the offer of Law School and go to China instead. During my year in Nanjing, I became fascinated with the history of the city, where the Manchu Qing dynasty, Chinese nationalism, and Japanese imperialism have left indelible traces. After finishing my undergraduate degree, I worked as an assistant sinologist at the Embassy of Sweden in Beijing, and assisting in the visa section of the embassy opened my eyes to the vagaries of citizenship and nationality laws. My brief stint in government service convinced me that I belonged in academe, and I accepted a Japanese government Monbusho scholarship to study Japanese history in Kanazawa in Japan, where I was finally able to improve my Japanese and consider different graduate programs.

It was in graduate school at Harvard University that I was finally able to combine my interests in a dissertation topic. The idea to draw a parallel between the Qing legal order and consular jurisdiction occurred to me in a conversation with Izumi Nakayama at the Harvard-Yenching Library early in 2001. My advisor, Philip Kuhn, encouraged me to write a seminar paper on the topic of extraterritoriality and publish it as an article in Late Imperial China. (Part of this article is republished in The Harvard Merit Fellowship and funding from the Reischauer Institute and the Urban China Research Network made it possible for me to explore my ideas on location in China and Japan. When I was a visiting scholar at Tokyo University in 2003, Kishimoto Mio generously welcomed me into her graduate seminar and gave me important feedback on my research. During my stay at Renmin University in 2004, Zhang Shiming was my cicerone into the world of Chinese archives, and Ding Yizhuang at the Chinese Academy of Social Sciences was a source of inspiration and encouragement. During the writing of the dissertation, the Weatherhead Center for International Affairs kindly provided me with an office and resources to complete my project. William Alford and Andrew Gordon read my dissertation in its entirety and provided valuable advice.

My colleagues and friends in the Department of History at the University of Michigan have been of tremendous support. Miranda Brown, Christian de Pee, James Lee, and Leslie Pincus read my manuscript at an early stage and gave valuable comments. Joshua Fogel and Melissa Macauley kindly accepted my invitation to be discussants at my manuscript workshop in April 2009, during which Micah Auerback, C. S Chang, Geoff Eley, Dario Gaggio, Nico Howson, Doug Northrop, Brian Porter-Szcs, Hitomi Tonomura, Tom Trautmann, Yiching Wu, and many others gave me important feedback. During the workshop, Christian de Pee suggested a new title for the book, Grounds of Judgment, which I gratefully adopted for my manuscript. During my stint at Stockholm University, I discussed my work with Joakim Enwall, Fredrik Fllman, Marja Kaikkonen, Johan Lagerkvist, Brje Ljunggren, Torbjrn Lodn, Jan Romgard, and Li Silfverberg. At conferences and many other occasions, I have had the benefit of discussing my book project and sharing ideas with Jennifer Altehenger, Aglaia de Angeli, Cemil Aydin, David Bello, Robert Bickers, Bettine Birge, Jrme Bourgon, Tom Buoye, Carolyn Cartier, Chen Li, Yung-chen Chiang, Grace Chou, Juan Cole, Frdric Constant, Pamela Crossley, Evan Dawley, Charles Desnoyers, Kevin Doak, Fabian Drixler, Lane Earns, Cord Eberspcher, Johan Elverskog, Edward Farmer, Douglas Fix, Carol Gluck, Whit Gray, Robert Hellyer, Denise Ho, Richard Horowitz, Doug Howland, Ying Hu, Akira Iriye, Yonglin Jiang, Noriko Kamachi, Jaymin Kim, Loretta Kim, Konrad Lawson, Eugenia Lean, Scott Levi, Adam McKeown, Jonathan Lipman, Y. W. Mah, Victor Mair, Brett McCormick, Erling von Mende, James Millward, Micah Muscolino, Matthew Mosca, Klaus Mhlhahn, Max Oidtman, Peter Perdue, Anne Reinhardt, Jennifer Rudolph, Teemu Ruskola, Andreas Siegl, Shao Dan, Matthew Sommer, Mark Swislocki, Ronald Toby, Shirley Ye, Ernest Young, Madeleine Zelin, Lawrence Zhang, and many, many others.

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