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Grounds of JudgmentExtraterritoriality and Imperial Power in Nineteenth-Century China and Japan$
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Par Kristoffer Cassel

Print publication date: 2012

Print ISBN-13: 9780199792054

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199792054.001.0001

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Excavating Extraterritoriality

Excavating Extraterritoriality

The Legacies of Legal Pluralism, Subjecthood, and State-Building in China and Japan

(p.15) 1 Excavating Extraterritoriality
Grounds of Judgment

Pär Kristoffer Cassel

Oxford University Press

This chapter argues that prior to the Opium Wars in the mid-nineteenth century, both Qing China and Tokugawa Japan were familiar with the principle of personal jurisdiction and the existence of ethnic and social groups that had separate legal existences prior to the Opium War. In the Qing legal order, the Manchu conquest élite enjoyed extensive legal privileges, which placed them outside the criminal jurisdiction of the local Chinese administration. Similarly, the Tokugawa shogunate was accustomed to devolving jurisdiction to local domains and different status groups.

Keywords:   Opium Wars, Qing China, Tokugawa shogunate, Meiji Japan, Manchus

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