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Nineteenth-Century Western Perspectives on Chinese Justice: An Analysis of The Chinese Repository (1832-1851) and The China Review (1872-1901)
Xiuqing, Li
2017
Abstract
The Chinese Repository (1832-1851) and The China Review: Or, Notes and Queries
on the Far East (1872-1901) were two of the most significant and influential English
language journals published by foreigners in China during the nineteenth century. Typical
views published in The Chinese Repository expressed sever criticism on many issues
related to Chinese justice, such as: procedural laws in China were repeatedly violated
in judicial practices, whilst there was no distinction between civil and criminal procedure;
anonymous accusations were allowed and even encouraged; inquisition by torture
seemed impossible to eradicate, and so forth. As for the articles in The China Review,
the points of view had changed. They were no longer characterized by recurrent expressions
of disapproval for the Chinese judicature, they rather started to affirm its
progress. Several factors led to this shift: first, during the second half of the nineteenth
century, China had set out its legal reform, and reached a temporary thaw in relations
with the Western powers; second, Hong Kong, where the latter journal was published,
had unique geographical and cultural advantages. Moreover, an increased richness and
diversity in the contributions’ topics and positions also played an important part in
shaping The China Review overall approach to the Chinese legal system.
Publisher
EUT Edizioni Università di Trieste
Source
Li Xiuqing, "Nineteenth-Century Western Perspectives on Chinese Justice: An Analysis of The Chinese Repository (1832-1851) and The China Review (1872-1901)", in: Guido Abbattista (edited by), "Law, Justice and Codification in Qing China. European and Chinese Perspectives. Essays in History and Comparative Law", Trieste, EUT Edizioni Università di Trieste, 2017, pp. 139-154.
Languages
en
Rights
Attribution-NonCommercial-NoDerivatives 4.0 Internazionale
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