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Laws, crimes and justice in the treaty ports

Greatrex, Roger LU (2007) Cultural Encounters in the Treaty Ports
Abstract
On 10 September 1751 the Swedish botanist Pehr Osbeck visited the outskirts of Canton. On his way back into the city he was surrounded by a gang of robbers who demanded money from him. When they did not receive any money, they pelted Osbeck with large stones; it was very fortunate that he was not severely injured. One of the questions this paper discusses is what were the laws in China at that time governing crimes committed against Europeans in the eighteenth century. The corollary questions that must also be addressed are what were the laws regarding crimes committed by Europeans against Chinese, as in the case, for example, of the killing of the burglars Li Tingfu and Jian Ya’er in Macao in 1748 by the Portuguese Amaro and Antonio, and... (More)
On 10 September 1751 the Swedish botanist Pehr Osbeck visited the outskirts of Canton. On his way back into the city he was surrounded by a gang of robbers who demanded money from him. When they did not receive any money, they pelted Osbeck with large stones; it was very fortunate that he was not severely injured. One of the questions this paper discusses is what were the laws in China at that time governing crimes committed against Europeans in the eighteenth century. The corollary questions that must also be addressed are what were the laws regarding crimes committed by Europeans against Chinese, as in the case, for example, of the killing of the burglars Li Tingfu and Jian Ya’er in Macao in 1748 by the Portuguese Amaro and Antonio, and what was the attitude of the authorities to crimes committed by Europeans against other Europeans, often of a different nationality from themselves. Drawing upon historical records, legal statutes and provincial sub-statutes, and case histories, this paper analyses this complex topic. In addition to taking up crimes of violence, such as murder and manslaughter, this paper also draws on cases concerning smuggling, robbery and gambling. Comparison is further drawn between the legal treatment of crimes involving Chinese and Europeans, with cases involving Chinese and Koreans. Such a comparison of the legal interaction between China and its northern neighbour, regarded by the Yongzheng Emperor as a respectful vassal, and between China and the often disobedient Europeans along the southern Chinese coast, can provide us with a new perspective in comparative legal history. (Less)
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author
organization
publishing date
type
Contribution to conference
publication status
submitted
subject
keywords
China, Qing, Law, Crime
conference name
Cultural Encounters in the Treaty Ports
language
English
LU publication?
yes
id
57b5a128-85a6-43c3-8aa1-f9b8bbd418ae (old id 948843)
date added to LUP
2008-01-24 13:47:12
date last changed
2016-04-16 12:19:57
@misc{57b5a128-85a6-43c3-8aa1-f9b8bbd418ae,
  abstract     = {On 10 September 1751 the Swedish botanist Pehr Osbeck visited the outskirts of Canton. On his way back into the city he was surrounded by a gang of robbers who demanded money from him. When they did not receive any money, they pelted Osbeck with large stones; it was very fortunate that he was not severely injured. One of the questions this paper discusses is what were the laws in China at that time governing crimes committed against Europeans in the eighteenth century. The corollary questions that must also be addressed are what were the laws regarding crimes committed by Europeans against Chinese, as in the case, for example, of the killing of the burglars Li Tingfu and Jian Ya’er in Macao in 1748 by the Portuguese Amaro and Antonio, and what was the attitude of the authorities to crimes committed by Europeans against other Europeans, often of a different nationality from themselves. Drawing upon historical records, legal statutes and provincial sub-statutes, and case histories, this paper analyses this complex topic. In addition to taking up crimes of violence, such as murder and manslaughter, this paper also draws on cases concerning smuggling, robbery and gambling. Comparison is further drawn between the legal treatment of crimes involving Chinese and Europeans, with cases involving Chinese and Koreans. Such a comparison of the legal interaction between China and its northern neighbour, regarded by the Yongzheng Emperor as a respectful vassal, and between China and the often disobedient Europeans along the southern Chinese coast, can provide us with a new perspective in comparative legal history.},
  author       = {Greatrex, Roger},
  keyword      = {China,Qing,Law,Crime},
  language     = {eng},
  title        = {Laws, crimes and justice in the treaty ports},
  year         = {2007},
}