Approaching Law and Exhausting Its (Social) Principles: Jurisprudence as Social Science in Early 20th-Century China (2008)
The last decade of the Qing dynasty (1644-1911) and Republican period (1912-1949) saw intensive efforts to revise the Qing Code, promulgate modern legal codes based on Japanese and German law, establish a modern system of courts, and develop a professional corps of lawyers and jurists (Huang 2001; Xu 2001; Yeung 2003; Young 2004; Neighbors 2004). These institutional reforms were implemented as part of the drive to have extraterritoriality rescinded and safeguard the sovereignty of the Qing dynasty and then Republic of China. The reforms were accompanied by new categories within civil and criminal law (including a new conceptual distinction between the two), new conceptions of legal knowledge and expertise, and rich discussions over sources of law which took place within the legal realm as well as the readership of Republican newspapers and journals (Young 2004; Lean 2007). If, as Roger Berkowitz (2005, 1) writes in his study of scientific codification in continental Europe, in a legal system, there must be some way that the law comes to be known, how did ways of knowing law change during this period of legal reform and broader intellectual change? Through a survey of jurisprudence textbooks and other legal publications, this paper argues that writers in early 20th-century China came to define jurisprudence (faxue, falixue) in positivistic terms, ultimately using new conceptions of science (kexue) and social science (shehui kexue) to identify its place within a new ordering of modern knowledge.
...MoreSimilar Citations
Book
Mario Cams;
(2017)
Companions in Geography: East-West Collaboration in the Mapping of Qing China (c.1685-1735)
(/isis/citation/CBB321187384/)
Article
Xu, Fei;
Mao, Shi-zhen;
(2005)
Historical influence of Chinese educational mission students on the development of science and technology in modern China in the Qing Dynasty
(/isis/citation/CBB000650794/)
Chapter
Renshaw, Michelle;
(2009)
“Family-Centred Care” in American Hospitals in Late-Qing China
(/isis/citation/CBB001031535/)
Article
Sihn, Kyu-hwan;
(2012)
The Anatomical Revolution and the Transition of Anatomical Conception in Late Imperial China
(/isis/citation/CBB001210622/)
Article
Wang, Hongxia;
(2006)
Knowing Western Medicine through the Magazine A Review of the Time in the Late Qing China
(/isis/citation/CBB001020744/)
Thesis
Wu, Shellen Xiao;
(2010)
Underground Empires: German Imperialism and the Introduction of Geology in China, 1860--1919
(/isis/citation/CBB001567215/)
Article
Xi Ma;
(2021)
Mineral and mineralogy in late Qing China: translations and conceptualizations, 1860s–1910s
(/isis/citation/CBB712469540/)
Book
Cotterrell, Roger B. M.;
(1999)
Émile Durkheim: Law in a Moral Domain
(/isis/citation/CBB000500068/)
Article
Xin-zhe Xie;
(2023)
Administration of Perception: Observing and Transcribing Dead Bodies in the Forensic Methodology of Qing China (1644–1912)
(/isis/citation/CBB769363646/)
Book
Guan, Zengjian;
(2005)
Zhongguo jin xian dai ji liang shi gao
(/isis/citation/CBB000953182/)
Article
Mario Cams;
(2017)
Not Just a Jesuit Atlas of China: Qing Imperial Cartography and Its European Connections
(/isis/citation/CBB854183550/)
Article
Gao, Jian-ming;
Li, Bin;
(2008)
The Comparison and Analysis of the Dissemination Patterns of Science and Technology between China and Japan in the Late Qing Dynasty
(/isis/citation/CBB000952283/)
Article
Ting Chen;
Lingfeng Lü;
(2022)
Astronomical or political: Interpretation of comets in times of crisis in Qing China
(/isis/citation/CBB395595446/)
Book
Zhang, Bai-chun;
(2001)
The Europeanization of Astronomical Instruments in the Ming and Qing China
(/isis/citation/CBB000340053/)
Article
Chu, Pingyi;
(2011)
Zhang Yongjing: A Strenuous Proponent of the Chinese Calendrical Methods
(/isis/citation/CBB001210067/)
Article
Asen, Daniel;
(2009)
“Manchu Anatomy”: Anatomical Knowledge and the Jesuits in Seventeenth- and Eighteenth-Century China
(/isis/citation/CBB000932785/)
Article
Jami, Catherine;
Han, Qi;
(2003)
The Reconstruction of Imperial Mathematics in China During the Kangxi Reign (1622--1722)
(/isis/citation/CBB000470589/)
Article
Lei, Sean Hsiang-lin;
(2014)
Qi-Transformation and the Steam Engine: The Incorporation of Western Anatomy and Re-Conceptualisation of the Body in Nineteenth-Century Chinese Medicine
(/isis/citation/CBB001450739/)
Article
Wang, Bin;
(2011)
A Preliminary Inquiry into the Rise and Collapse of Traditional Chinese Needle-Making in Its Social Context
(/isis/citation/CBB001221313/)
Article
Wang, Guangchao;
Wu, Yunhao;
Sun, Xiaochun;
(2008)
The Impact of the Telescope on Chinese Astronomy during the Late Ming and Early Qing Period
(/isis/citation/CBB000933532/)
Be the first to comment!