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Legal Imperialism: Sovereignty and Extraterritoriality in Japan, the Ottoman Empire, and China


ISBN13: 9780521765916
Published: July 2010
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £81.00



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Legal Imperialism examines the important role of nineteenth-century Western extraterritorial courts in non-Western states. These courts, created as a separate legal system for Western expatriates living in Asian and Islamic countries, developed from the British imperial model, which was founded on ideals of legal positivism. Based on a cross-cultural comparison of the emergence, function, and abolition of these court systems in Japan, the Ottoman Empire, and China, Turan Kayaoglu elaborates a theory of extraterritoriality, comparing the nineteenth-century British example with the post–World War II American legal imperialism. Ultimately, his research provides an innovative basis for understanding the assertion of legal authority by Western powers on foreign soil and the influence of such assertion on ideas about sovereignty.

Subjects:
Legal History
Contents:
Introduction: extraterritoriality in British legal imperialism
1. Positive law and sovereignty
2. Extraterritoriality and legal imperialism
3. Japan's rapid rise to sovereignty
4. The Ottoman Empire's elusive dream of sovereignty
5. China's struggle for sovereignty
Conclusion: American legal imperialism: extraterritoriality today.