| Título: | Legal Orientalism : China, the United States, and Modern Law |
| Autores: | Ruskola, Teemu, |
| Tipo de documento: | texto impreso |
| ISBN/ISSN/DL: | 978-0-674-07576-4 |
| Dimensiones: | 1 online resource(352p.) / illustrations |
| Langues: | Inglés |
| Clasificación: | K 237 (Jurisprudencia -- Concepto del derecho) |
| Etiquetas: | Law ; Philosophy ; History ; China ; Orientalism ; Public opinion, Western ; Recht ; Rule of law ; Public opinion ; Sociological jurisprudence ; United States ; Law, other ; HISTORY ; 20th Century ; LAW ; Essays ; General Practice ; Jurisprudence ; Paralegals Paralegalism ; Practical Guides ; Reference |
| Resumen: |
After the Cold War, how did China become a global symbol of disregard for human rights, while the U.S. positioned itself as the chief exporter of the rule of law? Teemu Ruskola investigates globally circulating narratives about what law is and who has it, and shows how "legal Orientalism" developed into a distinctly American ideology of empire Rights, Action, and Social Responsibility: Public debates surrounding immigration policy, climate change, international relations, and constitutional and human rights are currently at the forefront of our national discourse. Critical reasoning, supported through academic research is needed. As a result, De Gruyter, along with its partner presses, is making freely available books and journal articles across nine topical areas for all students and faculty. Broadening access to this scholarship enables more people to address these issues in an informed manner: it helps us combat false news sources, to consider the nature of truth and ethics, and to understand the struggles of all members of society Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world?s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law?s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of "legal Orientalism": a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its "failure" to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day. The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court?s jurisdiction over the "District of China." With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways |
| En línea: | https://doi.org/10.4159/harvard.9780674075764 |
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