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Grounds of Judgment reopens the question of consular jurisdiction
and extraterritoriality in China and Japan. The book combines
recent findings in Qing history on the nature of ethnicity and law
with the history of the treaty ports in both China and Japan,
especially Shanghai, Yokohama and Nagasaki. Extraterritoriality was
not implanted into East Asia as a ready-made product, but developed
in a dialogue with local precedents, local understandings of power,
and local institutions, which are best understood within the
complex triangular relationship between China, Japan and the West.
A close reading of treaty texts and other relevant documents
suggests that a Qing institution for the adjudication for
Manchu-Chinese disputes served as the model for both the
International Mixed Court in Shanghai and the extraterritorial
arrangements in Sino-Japanese Treaty of Tianjin in 1871. The
adaptability of Qing legal procedure provided for a relatively
seamless transition into the treaty port era, which would have
momentous consequences for China's national sovereignty in the
twentieth century. There was no parallel to this development in the
Japanese case. Instead, Japanese authorities chose not to integrate
consular courts and mixed courts into the indigenous legal order,
and as a consequence, consular jurisdiction remained an alien body
in the Japanese state, and Japanese policymakers were determined to
keep it that way.
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