Relativism and universalism in interrogation fairness: a comparative analysis between Europe and China

This paper addresses Chinese interrogation rules from historical and comparative perspectives by relating them to the very different development of interrogation procedure in Europe. A fuller understanding of the evolution of the rules in both contexts is relevant to the present day controversy concerning the universal versus relative nature of interrogation fairness. The comparative analysis reveals that, in fact, the influence of ancient Greek and Chinese civilizations resulted in a great difference between Europe and China regarding legal cultures and institutional arrangements for criminal interrogation procedure. Considering future legal reforms in China, and given the very different historical and institutional context, the likelihood seems low that an ‘autonomous version’ of the right to remain silent and the privilege against self-incrimination will develop on China’s very different soil. However, traditional native resources are also available to legal reformers to ensure a cooperative interviewing style in criminal questioning, and eliminate police-coerced confessions

Crafting a nation, fishing for power: the Universal Exposition of 1906 and fisheries governance in Late Qing China

The 1906 Universal Exposition hosted in Milan was a defining moment for the late Qing in terms of its fisheries development. The exhibition not only allowed China to portray its strategic focus on its fisheries but also its determination to be seen as a modernized and progressive sea power in Asia. China’s involvement in this world’s fair also paralleled the process of political and economic consolidation of some of the country’s intellectuals at the turn of the nineteenth century. These intellectuals’ accumulated experience, common goals, and international consciousness made it possible to assemble a group of professional experts I refer to as the ‘new fisheries elites’, who were able to construct the image of China as a modern fisheries power, if not a sea power, at various levels. The first part of this article will situate this exposition within the final two decades of the Qing Empire in the context of the political, social, and cultural transformation that was taking place around the world at the time. China’s presence at the world’s fair during this period displayed the adjustments of a changing and dynamic national image in terms of both its national circumstances and its international situation. The second part will then move on to discuss in what ways the Milan exposition was conceived by elites such as Zhang Jian, Luo Cheng, and Guo Fengming as a paradigmatic setting in which to showcase China’s drive toward modernity and becoming a sea power. Although China had participated in several other universal expositions, the Qing court had clearer and more pragmatic objectives in its participation in Milan in 1906. This was to demonstrate its recent progress and to change the common impression of China as an insecure, inexperienced, and incompetent country in terms of its fisheries governance and maritime vision. To produce this image, Zhang Jian and his team undertook a sensible and impressive approach towards presenting to the world China’s maritime awareness and the long historical continuity between this country and the sea. This was a conscious effort to produce an ideal of what a modern, progressive maritime China should look like

Toward Sovereignty: Zhang Zhidong’s Military Strengthening of China, 1884-1901

The conventional history of China’s late nineteenth-century Self-Strengthening movement charted a failure of military reforms. My research explores this period through the perspective of the prominent governor-general Zhang Zhidong. From 1884-1901, Zhang consistently pursued new military academies and western-style armies aiming to secure the nation against foreign imperialist incursion. At the same time, the governor’s understanding of regional differences as well as his increasing experience in military affairs distinctly shaped his effective new military institutions. At the turn of the century, Zhang Zhidong’s military apparatus was arguably one of the best in China. In the wider analysis of Chinese military history, the governor’s career contrasted with other historical figures by its peripatetic nature and its continuity through the Sino-Japanese War and Boxer Rebellion. Zhang’s many jurisdictions showed not only his consistent dedication to military power as a means to national sovereignty, but also created numerous military institutions for study. More importantly, the continuity in the governor’s effective military reforms underlined fundamental historical misunderstandings about the nature of late-Qing China. First, Zhang’s successful military institutions contended with China’s deterioration narrative from 1895 to the dynastic fall in 1911. Second, the reason for historical misinterpretation stemmed from the obscuring of both late-Qing historians’ and the historical actors’ perceptions by the influences of western imperialism. Ultimately, the study of Zhang Zhidong’s military reforms shows a discontinuity in the conventional historical narrative, and thus creates space for increased Chinese agency in their own history

Turning toward Edification

"Turning toward Edification discusses foreigners in Korea from before the founding of Chosŏn in 1392 until the mid-nineteenth century. Although it has been common to describe Chosŏn Korea as a monocultural and homogeneous state, Adam Bohnet reveals the considerable presence of foreigners and people of foreign ancestry in Chosŏn Korea as well as the importance to the Chosŏn monarchy of engagement with the outside world. These foreigners included Jurchens and Japanese from border polities that formed diplomatic relations with Chosŏn prior to 1592, Ming Chinese and Japanese deserters who settled in Chosŏn during the Japanese invasion between 1592 and 1598, Chinese and Jurchen refugees who escaped the Manchu state that formed north of Korea during the early seventeenth century, and even Dutch castaways who arrived in Chosŏn during the mid-1700s. Foreigners were administered by the Chosŏn monarchy through the tax category of “submitting-foreigner” (hyanghwain). This term marked such foreigners as uncivilized outsiders coming to Chosŏn to receive moral edification and they were granted Korean spouses, Korean surnames, land, agricultural tools, fishing boats, and protection from personal taxes. Originally the status was granted for a limited time, however, by the seventeenth century it had become hereditary. Beginning in the 1750s foreign descendants of Chinese origin were singled out and reclassified as imperial subjects (hwangjoin), giving them the right to participate in the palace-sponsored Ming Loyalist rituals. Bohnet argues that the evolution of their status cannot be explained by a Confucian or Sinocentric enthusiasm for China. The position of foreigners—Chinese or otherwise—in Chosŏn society must be understood in terms of their location within Chosŏn social hierarchies. During the early Chosŏn, all foreigners were clearly located below the sajok aristocracy. This did not change even during the eighteenth century, when the increasingly bureaucratic state recategorized Ming migrants to better accord with the Chosŏn state’s official Ming Loyalism. These changes may be understood in relation to the development of bureaucratized identities in the Qing Empire and elsewhere in the world during the seventeenth and eighteenth centuries, and as part of the vernacularization of elite ideologies that has been noted elsewhere in Eurasia.

Hero or Villain? The evolving legacy of Shi Lang in China and Taiwan

For over two centuries, some of China’s most prominent officials, literary figures, and intellectuals have paid special attention to the legacy of Shi Lang. Compared to many other historical figures, in East Asia’s cross-strait tensions and geopolitics, Shi Lang remains essential to our understanding of this region’s troubled past and the murky outlook for its future. Although the image of Shi Lang continues to mean different things to different people, to some degree, his significance to one particular community is also communicated to other communities. As a result, by analysing most of the previous appraisals and examinations of Shi Lang, we can see the historical narratives of this man as being continually under construction in a shifting and mutually reinforcing process. This paper aims to examine the ways in which the legacy of Shi Lang has percolated throughout Chinese history, since the Qing Dynasty, and also how it continues to function in the present day. It is fascinating to not only delineate how the story of Shi Lang has evolved as a legacy, but also to explore the rich variety of ways in which an individual or a community has adapted the narratives that makes up the story of Shi Lang to suit the demands of different historical settings and perspectives

The Imperial Silk Factories of Kangxi in China, 1661-1722 A mirror for Louis XIV's Royal Factories?

GECEM (Global Encounters between China and Europe: Trade Networks, Consumption and Cultural Exchanges in Macau and Marseille, 1680-1840) project hosted by Pablo de Olavide University (Seville, Spain) wwwgecem.eu. The GECEM project is funded by the ERC (European Research Council)-Starting Grant, Horizon 2020, ref. 679371. The Principal Investigator is prof. Manuel Perez Garcia (Distinguished Researcher at Pablo de Olavide University)This thesis explores the silk trade in China and Europe at the turn of the seventeenth and eighteenth century through a transnational point of view, taking an example of France, by comparing the imperial silk factories of the Emperor Kangxi of Qing Dynasty (1661-1722) and the Grande Fabrique of Luis XVIII of France (1643-1715), analyzes the variation of business organization system, the manufacturing equipment scale, finance, personnel management, income and social status of the craftsmen, product types and sales, etc., which reflected the differences of the economic development strategies of the two monarchs; Like a butterfly effect, it could be inferred from the details of the official silk production and consumption in the studied geographical and time range, the causes and effects of diverse economic and political roads each monarch took subsequently.GECEM Project (ERC), Area de Historia Moderna, Universidad Pablo de Olavide de SevillaVersión del edito

Confucian Jurisprudence in Practice: Pre-Tang Dynasty \u3ci\u3ePanwen\u3c/i\u3e (Written Legal Judgments)

Most scholarship on Chinese legal philosophy has neglected the study of Confucian jurisprudence in practice. As a result of this incomplete portrayal, scholars predominantly view the premodern Chinese Confucian legal tradition as lacking a rule of law system, which has led to blaming Confucianism for much of China’s modern and historical rule of law problems. This article seeks to complicate this view by examining Confucian jurisprudence in practice: specifically, the development of pre-Tang dynasty panwen (written legal judgments). Through analysis of specific panwen from various Chinese primary sources—many of which have never been translated into English—this article will show that even in Chinese antiquity the legal system was not solely marked by codification or the lack of the rule of law, but was far more complex and diverse than most scholars have portrayed. For example, elements of case law played an important role in Chinese legal history. Indeed, it is an especially good time to build our understanding of the use of cases and the role of panwen, in China’s legal past given the Supreme People’s Court’s recent emphasis on the role of case law in contemporary Chinese jurisprudence

Asymmetry and Elastic Sovereignty in the Qing Tributary World: Criminals and Refugees in Three Borderlands, 1630s-1840s

This dissertation analyzes how Qing China (1636-1912) and three of its tributary states (Chosŏn Korea, Vietnam, Kokand) handled interstate refugees and criminals from the 1630s to the 1840s. I use Classical Chinese and Manchu memorials and diplomatic documents from Qing archives in Beijing and Taipei as well as Chinese, Korean, and Vietnamese published sources to construct a bilateral view of these interstate relations and compare them. My research reveals multiple, flexible, and shifting conceptions of boundaries, jurisdiction, and sovereignty. Boundaries between Qing and its tributaries were not absolute to a Qing court that claimed universal rule, and the court often erased them by adopting tributary refugees as Qing subjects or encroaching on tributary domains. Further, the Qing court often asserted jurisdiction over tributary subjects committing crimes on its soil or against its subjects. In contrast, no tributary court openly asserted jurisdiction over Qing subjects. Together, these cases reveal two defining characteristics of the Qing tributary order: asymmetry and elastic sovereignty. They show how the political norms of early modern Asia defy post-Westphalian norms of inter-state equality and non-interference in the internal affairs of fellow sovereign states. This work breaks new ground in Chinese history by highlighting Qing imperial projects outside today’s Chinese borders and by comparing borderlands in Northeast, Southeast, and Central Asia. It is also a work of world history that combines the connective method and the comparative method in a novel way, focusing on interactions across interstate boundaries in Asia while comparing these Asian borderlands with those in other early modern empires such as Russia and the Ottoman Empire. Lastly, my work engages with the field of international relations by reconstructing the contours of interstate affairs in early modern Asia before the introduction of public international law to the region, thus answering the recent call by scholars for a more inclusive, pluralistic view of international relations.PHDHistoryUniversity of Michigan, Horace H. Rackham School of Graduate Studieshttps://deepblue.lib.umich.edu/bitstream/2027.42/144072/1/jaymin_1.pd