Nineteenth-Century Western Perspectives on Chinese Justice: An Analysis of The Chinese Repository (1832-1851) and The China Review (1872-1901)

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.