International Law As World Order in Late Imperial China: Translation, Reception and Discourse, 1847-1911 (SINICA LEIDENSIA, 78)

This is the first systematic analysis of the early introduction and reception of international law as a Western political and legal science in China. International law in late imperial China is studied both as part of the introduction of the Western sciences and as a theoretical orientation in international affairs between 1847 and 1911. The first chapters serve the purpose of analysing the political, institutional, intellectual and linguistic process of adapting the theories of international law to the Chinese context language. The second major part of the book is dedicated to the discourse on China and world order within this framework. Acknowledgements 8 CHAPTER ONE – CHINESE WORLD ORDER: PERSPECTIVES AND FRAMEWORKS 10 Linguistic challenges in Sino-Western transfer of ideas 14 The tribute system and the traditional Chinese world order 17 Chinese trade as diplomacy 21 International law as world order 25 CHAPTER TWO – INTERNATIONAL LAW AS DISCIPLINE WEST AND EAST 29 International theory 30 The early international systems 36 Jus gentium of the Middle Ages 37 The international system of the Spanish Age and the first theories of international relations 40 The 1648 Peace of Westphalia and the beginning of a new international order 43 The international order 1648 to 1815, and the first Chinese encounters with the international order of the West 45 Consolidation of the 19th century order of international practice 53 The end of the period of classical international law 57 The Western discourse on international law in the East 60 CHAPTER THREE – THE EARLY INTRODUCTION OF INTERNATIONAL LAW: TRANSLATIONS AND LANGUAGE 76 The language of Qing China and early language contacts 77 The first attempts at a Chinese translation of international law 82 Martin, Tongwenguan and the first systematic translations of international law 94 Fryer, the Jiangnan Arsenal and an alternative tradition for international law translations 119 Indigenous Chinese introductions of international law 134 The potential merging of traditions into an indigenous Chinese school of translation 137 CHAPTER FOUR – THE EARLY DISCOURSE ON INTERNATIONAL LAW IN CHINA 140 International law as self-strengthening 140 Statecraft and international law 146 Shenbao and an early discourse on international law 147 The discourse on international law in ancient China 157 CHAPTER FIVE – JAPAN AND CHINESE TRANSLATIONS OF INTERNATIONAL LAW 169 1902–The year that changed the influx of international law translations 171 Japanese international law translations in China 175 Two Chinese traditions replaced by the influence from Japan 182 The Japanese terminological influx 183 China's theoretical orientation in international law as a Japanese loan 190 CHAPTER SIX – INTERNATIONAL LAW AS WORLD ORDER IN EARLY 20TH CENTURY CHINA 192 The reformers on Darwin, Confucius and international law 195 The conservatives and a Confucian international order 216 International law, Darwin and Chinese tradition in Hunan 220 International law and Chinese students in Japan 236 International law and revolutionaries in Japan: Xenophobia, anti-Manchuism and the protection of Han Chinese national rights 251 International law and the Shanghai revolutionaries: Neutrality and national rights in Manchuria 256 The universalist approach to international law towards 1911 261 International law from structure to procedure in the Chinese discourse 268 Appendix International law texts in Chinese: A chronological bibliography 1847-1911 271 Bibliography 307 Index 321 Gives an introduction and reception of international law in China. Here, International law is studied as part of the introduction of the Western sciences and as a theoretical orientation in international affairs 1847-1911. It is also dedicated to the discourse on China and world order within this framework The topic of this book is the early introduction and reception of international law in China. International law is studied as part of the introduction of the Western sciences and as a theoretical orientation in international affairs 1847-1911.