British extraterritoriality in China : the legal system, functions of criminal jurisdiction, and its challenges, 1833-1943
Extraterritoriality â the extension of jurisdiction upon national subjects beyond the territorial limits of the metropolitan state â was a central part of the British presence in China from the arrival of larger numbers of British traders after 1757 through to 1943. This thesis explores the development of extraterritoriality and the exercise of jurisdiction in its criminal justice capacity. It asks: how can we understand the development of extraterritoriality as a system, as a set of practices and as a set of ideas? What were the main functions of consular jurisdiction? What challenges did extraterritorial jurisdiction face and how can we understand its demise? It demonstrates how extraterritoriality was constituted in the local, regional and global context, as well as putting it in comparative perspective. It shows how law was embedded in social and political processes, leading to its development, adaption and demise in the nineteenth and twentieth centuries, ending with its abolition in 1943. Through doing so it develops a number of themes that enrich the fields of legal history, colonialism and imperialism studies as well as treaty port China history.
Whewell, Emily
British extraterritoriality in China : the legal system, functions of criminal jurisdiction, and its challenges, 1833-1943. Extraterritoriality â the extension of jurisdiction upon national subjects beyond the territorial limits of the metropolitan state â was a central part of the British presence in China from the arrival of larger numbers of British traders after 1757 through to 1943. This thesis explores the development of extraterritoriality and the exercise of jurisdiction in its criminal justice capacity. It asks: how can we understand the development of extraterritoriality as a system, as a set of practices and as a set of ideas? What were the main functions of consular jurisdiction? What challenges did extraterritorial jurisdiction face and how can we understand its demise? It demonstrates how extraterritoriality was constituted in the local, regional and global context, as well as putting it in comparative perspective. It shows how law was embedded in social and political processes, leading to its development, adaption and demise in the nineteenth and twentieth centuries, ending with its abolition in 1943. Through doing so it develops a number of themes that enrich the fields of legal history, colonialism and imperialism studies as well as treaty port China history.
british china legal_system function criminal jurisdiction challenge extension jurisdiction upon national subject beyond territorial limit metropolitan state central_part british presence china arrival large_number british trader explores_development exercise jurisdiction criminal_justice capacity asks development system set practice set idea main function consular jurisdiction challenge jurisdiction face demise demonstrates constitute local_regional global_context well put comparative_perspective show law embed social_political process_lead development demise end abolition develop number theme enrich field legal_history colonialism imperialism study well treaty_port china history