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Author: Teemu Ruskola
Publisher: Harvard University Press
ISBN: 0674075781
Category : Law
Languages : en
Pages : 358
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Book Description
Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day. The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.
Author: Teemu Ruskola
Publisher: Harvard University Press
ISBN: 0674075781
Category : Law
Languages : en
Pages : 358
Get Book
Book Description
Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day. The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.
Author: Teemu Ruskola
Publisher: Harvard University Press
ISBN: 0674075765
Category : Law
Languages : en
Pages : 351
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Book Description
After the Cold War, how did China become a global symbol of disregard for human rights, while the U.S positioned itself as the chief exporter of the rule of law? Teemu Ruskola investigates globally circulating narratives about what law is and who has it, and shows how “legal Orientalism” developed into a distinctly American ideology of empire.
Author: Teemu Ruskola
Publisher: Harvard University Press
ISBN: 9780674073067
Category : Law
Languages : en
Pages : 0
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Book Description
Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day. The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.
Author: Piyel Haldar
Publisher: Routledge
ISBN: 1135897557
Category : Law
Languages : en
Pages : 319
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Book Description
Focusing on the ‘problem’ of pleasure Law, Orientalism and Postcolonialism uncovers the organizing principles by which the legal subject was colonized. That occidental law was complicit in colonial expansion is obvious. What remains to be addressed, however, is the manner in which law and legal discourse sought to colonize individual subjects as subjects of law. It was through the permission of pleasure that modern Western subjects were refined and domesticated. Legally sanctioned outlets for private and social enjoyment instilled and continue to instil within the individual tight self-control over behaviour. There are, however, states of behaviour considered to be repugnant to, and in excess of, modern codes of civility. Drawing on a broad range of literature, (including classical jurisprudence, eighteenth century Orientalist scholarship, early travel literature, and nineteenth century debates surrounding the rule of law), yet concentrating on the experience of British India, the argument here is that such excesses were deemed to be an Oriental phenomenon. Through the encounter with the Orient and with the fantasy of its excess, Piyel Haldar concludes, the relationship between the subject and the law was transformed, and must therefore be re-assessed.
Author: Edward W. Said
Publisher: Vintage
ISBN: 0804153868
Category : Social Science
Languages : en
Pages : 432
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Book Description
More than three decades after its first publication, Edward Said's groundbreaking critique of the West's historical, cultural, and political perceptions of the East has become a modern classic. In this wide-ranging, intellectually vigorous study, Said traces the origins of "orientalism" to the centuries-long period during which Europe dominated the Middle and Near East and, from its position of power, defined "the orient" simply as "other than" the occident. This entrenched view continues to dominate western ideas and, because it does not allow the East to represent itself, prevents true understanding. Essential, and still eye-opening, Orientalism remains one of the most important books written about our divided world.
Author: Wael B. Hallaq
Publisher: Columbia University Press
ISBN: 0231547382
Category : Political Science
Languages : en
Pages : 364
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Book Description
Since Edward Said’s foundational work, Orientalism has been singled out for critique as the quintessential example of Western intellectuals’ collaboration with oppression. Controversies over the imbrications of knowledge and power and the complicity of Orientalism in the larger project of colonialism have been waged among generations of scholars. But has Orientalism come to stand in for all of the sins of European modernity, at the cost of neglecting the complicity of the rest of the academic disciplines? In this landmark theoretical investigation, Wael B. Hallaq reevaluates and deepens the critique of Orientalism in order to deploy it for rethinking the foundations of the modern project. Refusing to isolate or scapegoat Orientalism, Restating Orientalism extends the critique to other fields, from law, philosophy, and scientific inquiry to core ideas of academic thought such as sovereignty and the self. Hallaq traces their involvement in colonialism, mass annihilation, and systematic destruction of the natural world, interrogating and historicizing the set of causes that permitted modernity to wed knowledge to power. Restating Orientalism offers a bold rethinking of the theory of the author, the concept of sovereignty, and the place of the secular Western self in the modern project, reopening the problem of power and knowledge to an ethical critique and ultimately theorizing an exit from modernity’s predicaments. A remarkably ambitious attempt to overturn the foundations of a wide range of academic disciplines while also drawing on the best they have to offer, Restating Orientalism exposes the depth of academia’s lethal complicity in modern forms of capitalism, colonialism, and hegemonic power.
Author: David Schimmelpenninck van der Oye
Publisher: Yale University Press
ISBN: 0300162898
Category : History
Languages : en
Pages : 310
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Book Description
Here, the author examines Russian thinking about the Orient before the Revolution of 1917. He argues that the Russian Empire's bi-continental geography and the complicated nature of its encounter with Asia have all resulted in a variegated understanding of the East among its people.
Author: Christina Klein
Publisher: Univ of California Press
ISBN: 0520936256
Category : Literary Criticism
Languages : en
Pages : 332
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Book Description
In the years following World War II, American writers and artists produced a steady stream of popular stories about Americans living, working, and traveling in Asia and the Pacific. Meanwhile the U.S., competing with the Soviet Union for global power, extended its reach into Asia to an unprecedented degree. This book reveals that these trends—the proliferation of Orientalist culture and the expansion of U.S. power—were linked in complex and surprising ways. While most cultural historians of the Cold War have focused on the culture of containment, Christina Klein reads the postwar period as one of international economic and political integration—a distinct chapter in the process of U.S.-led globalization. Through her analysis of a wide range of texts and cultural phenomena—including Rodgers and Hammerstein's South Pacific and The King and I, James Michener's travel essays and novel Hawaii, and Eisenhower's People-to-People Program—Klein shows how U.S. policy makers, together with middlebrow artists, writers, and intellectuals, created a culture of global integration that represented the growth of U.S. power in Asia as the forging of emotionally satisfying bonds between Americans and Asians. Her book enlarges Edward Said's notion of Orientalism in order to bring to light a cultural narrative about both domestic and international integration that still resonates today.
Author: Richard King
Publisher: Routledge
ISBN: 1134632347
Category : Religion
Languages : en
Pages : 300
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Book Description
Orientalism and Religion offers us a timely discussion of the implications of contemporary post-colonial theory for the study of religion. Richard King examines the way in which notions such as mysticism, religion, Hinduism and Buddhism are taken for granted. He shows us how religion needs to be reinterpreted along the lines of cultural studies. Drawing on a variety of post-structuralist and post-colonial thinkers, such as Foucault, Gadamer, Said, and Spivak, King provides us with a challenging series of reflections on the nature of Religious Studies and Indology.
Author: Rahul Sapra
Publisher: University of Delaware
ISBN: 1611490154
Category : Literary Criticism
Languages : en
Pages : 222
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Book Description
The Limits of Orientalism: Seventeenth-Century Representations of India challenges recent postcolonial readings of European, and particularly English, representations of India in the seventeenth century. The book critiques Edward Said's discourse of 'Orientalism' by destabilizing the notion of a homogeneous 'West': the English interest was commercial, unlike the colonially and religiously motivated Portuguese, and therefore instead of representing Mughals as barbaric 'others,' the English travelers drew parallels between the Mughals and themselves in their writings, associating with them as partners in trade and potential allies in war. The Europeans praised Muslims' civility and religious tolerance, yet tended to be more conflicted with the Hindus, but eventually their negative views underwent a transformation, questioning the Orientalist notion of the homogeneous 'Indian.' By historicizing the European representations of India, the book undercuts postcolonial analyses by critics such as Kate Teltscher, Jyotsna Singh, Nandini Bhattacharya, Balachandra Rajan, Gayatri Chakravorty Spivak, Shankar Raman and others.
