Author: Turan Kayaoğlu
Publisher: Cambridge University Press
ISBN: 0521765919
Category : Law
Languages : en
Pages : 247
Book Description
Legal Imperialism examines the important role of nineteenth-century Western extraterritorial courts in non-Western states. These courts, created as a separate legal system for Western expatriates living in Asian and Islamic coutries, developed from the British imperial model, which was founded on ideals of legal positivism. Based on a cross-cultural comparison of the emergence, function, and abolition of these court systems in Japan, the Ottoman Empire, and China, Turan Kayaoglu elaborates a theory of extraterritoriality, comparing the nineteenth-century British example with the post-World War II American legal imperialism. He also provides an explanation for the end of imperial extraterritoriality, arguing that the Western decision to abolish their separate legal systems stemmed from changes in non-Western territories, including Meiji legal reforms, Republican Turkey's legal transformation under Ataturk, and the Guomindang's legal reorganization in China. Ultimately, his research provides an innovative basis for understanding the assertion of legal authority by Western powers on foreign soil and the influence of such assertion on ideas about sovereignty.
Legal Imperialism
Legal Orientalism
Author: Teemu Ruskola
Publisher: Harvard University Press
ISBN: 0674075781
Category : Law
Languages : en
Pages : 358
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.
Publisher: Harvard University Press
ISBN: 0674075781
Category : Law
Languages : en
Pages : 358
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.
Imperialism, Sovereignty and the Making of International Law
Author: Antony Anghie
Publisher: Cambridge University Press
ISBN: 9780521702720
Category : Law
Languages : en
Pages : 384
Book Description
Examines the relationship between imperialism and international law.
Publisher: Cambridge University Press
ISBN: 9780521702720
Category : Law
Languages : en
Pages : 384
Book Description
Examines the relationship between imperialism and international law.
Legal Imperialism
Author: James A. Gardner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 424
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 424
Book Description
Between Impunity and Imperialism
Author: Kevin E. Davis
Publisher: Oxford University Press, USA
ISBN: 0190070803
Category : Business & Economics
Languages : en
Pages : 345
Book Description
This book uses a series of high-profile cases to illustrate the key elements of transnational bribery law. It analyzes the law through the lenses of two competing theoretical approaches: the OECD paradigm and the anti-imperialist critique. It ultimately defends an alternative distinctively inclusive and experimentalist approach to transnational bribery law.
Publisher: Oxford University Press, USA
ISBN: 0190070803
Category : Business & Economics
Languages : en
Pages : 345
Book Description
This book uses a series of high-profile cases to illustrate the key elements of transnational bribery law. It analyzes the law through the lenses of two competing theoretical approaches: the OECD paradigm and the anti-imperialist critique. It ultimately defends an alternative distinctively inclusive and experimentalist approach to transnational bribery law.
Legalist Empire
Author: Benjamin Allen Coates
Publisher: Oxford University Press
ISBN: 0190495952
Category : History
Languages : en
Pages : 297
Book Description
'Legalist Empire' explores the intimate connections between international law and empire in the United States from 1898 to 1919.
Publisher: Oxford University Press
ISBN: 0190495952
Category : History
Languages : en
Pages : 297
Book Description
'Legalist Empire' explores the intimate connections between international law and empire in the United States from 1898 to 1919.
Imperialism in the Twenty-First Century
Author: John Smith
Publisher: NYU Press
ISBN: 1583675795
Category : Political Science
Languages : en
Pages : 383
Book Description
Winner of the first Paul A. Baran-Paul M. Sweezy Memorial Award for an original monograph concerned with the political economy of imperialism, John Smith's Imperialism in the Twenty-First Century is a seminal examination of the relationship between the core capitalist countries and the rest of the world in the age of neoliberal globalization.Deploying a sophisticated Marxist methodology, Smith begins by tracing the production of certain iconic commodities-the T-shirt, the cup of coffee, and the iPhone-and demonstrates how these generate enormous outflows of money from the countries of the Global South to transnational corporations headquartered in the core capitalist nations of the Global North. From there, Smith draws on his empirical findings to powerfully theorize the current shape of imperialism. He argues that the core capitalist countries need no longer rely on military force and colonialism (although these still occur) but increasingly are able to extract profits from workers in the Global South through market mechanisms and, by aggressively favoring places with lower wages, the phenomenon of labor arbitrage. Meticulously researched and forcefully argued, Imperialism in the Twenty-First Century is a major contribution to the theorization and critique of global capitalism.
Publisher: NYU Press
ISBN: 1583675795
Category : Political Science
Languages : en
Pages : 383
Book Description
Winner of the first Paul A. Baran-Paul M. Sweezy Memorial Award for an original monograph concerned with the political economy of imperialism, John Smith's Imperialism in the Twenty-First Century is a seminal examination of the relationship between the core capitalist countries and the rest of the world in the age of neoliberal globalization.Deploying a sophisticated Marxist methodology, Smith begins by tracing the production of certain iconic commodities-the T-shirt, the cup of coffee, and the iPhone-and demonstrates how these generate enormous outflows of money from the countries of the Global South to transnational corporations headquartered in the core capitalist nations of the Global North. From there, Smith draws on his empirical findings to powerfully theorize the current shape of imperialism. He argues that the core capitalist countries need no longer rely on military force and colonialism (although these still occur) but increasingly are able to extract profits from workers in the Global South through market mechanisms and, by aggressively favoring places with lower wages, the phenomenon of labor arbitrage. Meticulously researched and forcefully argued, Imperialism in the Twenty-First Century is a major contribution to the theorization and critique of global capitalism.
Capitalism As Civilisation
Author: Ntina Tzouvala
Publisher: Cambridge University Press
ISBN: 1108497187
Category : Law
Languages : en
Pages : 277
Book Description
Using the theoretical tools drawn from historical materialism and deconstruction, Tzouvala offers a comprehensive history of the standard of civilisation.
Publisher: Cambridge University Press
ISBN: 1108497187
Category : Law
Languages : en
Pages : 277
Book Description
Using the theoretical tools drawn from historical materialism and deconstruction, Tzouvala offers a comprehensive history of the standard of civilisation.
Legal engagement
Author: Collectif
Publisher: Publications de l’École française de Rome
ISBN: 2728314659
Category : History
Languages : en
Pages : 546
Book Description
The Roman empire set law at the center of its very identity. A complex and robust ideology of law and justice is evident not only in the dynamics of imperial administration, but a host of cultural arenas. Citizenship named the privilege of falling under Roman jurisdiction, legal expertise was cultural capital. A faith in the emperor’s intimate concern for justice was a key component of the voluntary connection binding Romans and provincials to the state. Even as law was a central mechanism for control and the administration of state violence, it also exerted a magnetic effect on the peoples under its control. Adopting a range of approaches, the essays explore the impact of Roman law, both in the tribunal and in the culture. Unique to this anthology is attention to legal professionals and cultural intermediaries operating at the empire’s periphery. The studies here allow one to see how law operated among a range of populations and provincials—from Gauls and Brittons to Egyptians and Jews—exploring the ways local peoples creatively navigated, and constructed, their legal realities between Roman and local mores. They draw our attention to the space between laws and legal ideas, between ethnic, especially Jewish, life and law and the structures of Roman might; cases in which shared concepts result in diverse ends; the pageantry of the legal tribunal, the imperatives and corruptions of power differentials; and the importance of reading the gaps between depiction of law and its actual workings. This volume is unusual in bringing Jewish, and especially rabbinic, sources and perspectives together with Roman, Greek or Christian ones. This is the result of its being part of the research program “Judaism and Rome” (ERC Grant Agreement no. 614 424), dedicated to the study of the impact of the Roman empire upon ancient Judaism.
Publisher: Publications de l’École française de Rome
ISBN: 2728314659
Category : History
Languages : en
Pages : 546
Book Description
The Roman empire set law at the center of its very identity. A complex and robust ideology of law and justice is evident not only in the dynamics of imperial administration, but a host of cultural arenas. Citizenship named the privilege of falling under Roman jurisdiction, legal expertise was cultural capital. A faith in the emperor’s intimate concern for justice was a key component of the voluntary connection binding Romans and provincials to the state. Even as law was a central mechanism for control and the administration of state violence, it also exerted a magnetic effect on the peoples under its control. Adopting a range of approaches, the essays explore the impact of Roman law, both in the tribunal and in the culture. Unique to this anthology is attention to legal professionals and cultural intermediaries operating at the empire’s periphery. The studies here allow one to see how law operated among a range of populations and provincials—from Gauls and Brittons to Egyptians and Jews—exploring the ways local peoples creatively navigated, and constructed, their legal realities between Roman and local mores. They draw our attention to the space between laws and legal ideas, between ethnic, especially Jewish, life and law and the structures of Roman might; cases in which shared concepts result in diverse ends; the pageantry of the legal tribunal, the imperatives and corruptions of power differentials; and the importance of reading the gaps between depiction of law and its actual workings. This volume is unusual in bringing Jewish, and especially rabbinic, sources and perspectives together with Roman, Greek or Christian ones. This is the result of its being part of the research program “Judaism and Rome” (ERC Grant Agreement no. 614 424), dedicated to the study of the impact of the Roman empire upon ancient Judaism.
Law and Imperialism
Author: Preeti Nijhar
Publisher: Routledge
ISBN: 1317315995
Category : History
Languages : en
Pages : 200
Book Description
Laws that were imposed by colonizers were as much an attempt to confirm their own identity as to control the more dangerous elements of a potentially unruly populace. This title uses material from both British Parliamentary Papers and colonial archive material to provide evidence of legal change and response.
Publisher: Routledge
ISBN: 1317315995
Category : History
Languages : en
Pages : 200
Book Description
Laws that were imposed by colonizers were as much an attempt to confirm their own identity as to control the more dangerous elements of a potentially unruly populace. This title uses material from both British Parliamentary Papers and colonial archive material to provide evidence of legal change and response.