Human Rights

Understanding China’s world role has become one of the crucial intellectual challenges of the 21st century. This book explores this topic through the adoption of three conceptual approaches that help to uncover some of the key complex and simultaneous interactions between the global and domestic forces that determine China’s external behavior. A central assumption of this study is that it is unhelpful to treat the global and domestic levels as separate categories of analysis and that the study of China can be enriched by a recognition of the interpenetrated nature of the domestic and international spheres.The first section of the book concentrates on the role of ideas. It examines Chinese conceptions, at both the elite and mass levels, of the country’s status and role in global politics, and how these conceptions can influence and frame policies. The second section provides evidence of Chinese societal involvement in transnational processes that are simultaneously transforming China as well as other parts of the world, often in unintended ways. The third section assesses the impact of globalization on China in issue areas that are central to global order, and outlines the domestic responses—from resistance to embrace—that it generates. This study adopts a multidisciplinary approach involving scholars in international relations, history, social anthropology, and area studies. It offers a sophisticated understanding of Chinese thought and behavior and illustrates the impact that China’s re-emergence is having on 21st century global order.  —Oxford University Press {chop}

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.     —Harvard University Press