Legal Orientalism
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| Author | : Teemu Ruskola |
| Publisher | : Harvard University Press |
| Total Pages | : 358 |
| Release | : 2013-06-03 |
| Genre | : Law |
| ISBN | : 0674075781 |
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.
| Author | : Teemu Ruskola |
| Publisher | : Harvard University Press |
| Total Pages | : 351 |
| Release | : 2013-06-01 |
| Genre | : Law |
| ISBN | : 0674075765 |
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.
| Author | : Teemu Ruskola |
| Publisher | : Harvard University Press |
| Total Pages | : 0 |
| Release | : 2013-06-03 |
| Genre | : Law |
| ISBN | : 9780674073067 |
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.
| Author | : Piyel Haldar |
| Publisher | : Routledge |
| Total Pages | : 319 |
| Release | : 2007-12-05 |
| Genre | : Law |
| ISBN | : 1135897557 |
Focusing on the ‘problem’ of pleasure Law, Orientalism and Postcolonialism uncovers the organizing principles by which the legal subject was colonized. That occidental law was complicit in colonial expansion is obvious. What remains to be addressed, however, is the manner in which law and legal discourse sought to colonize individual subjects as subjects of law. It was through the permission of pleasure that modern Western subjects were refined and domesticated. Legally sanctioned outlets for private and social enjoyment instilled and continue to instil within the individual tight self-control over behaviour. There are, however, states of behaviour considered to be repugnant to, and in excess of, modern codes of civility. Drawing on a broad range of literature, (including classical jurisprudence, eighteenth century Orientalist scholarship, early travel literature, and nineteenth century debates surrounding the rule of law), yet concentrating on the experience of British India, the argument here is that such excesses were deemed to be an Oriental phenomenon. Through the encounter with the Orient and with the fantasy of its excess, Piyel Haldar concludes, the relationship between the subject and the law was transformed, and must therefore be re-assessed.
| Author | : Edward W. Said |
| Publisher | : Vintage |
| Total Pages | : 434 |
| Release | : 2014-10-01 |
| Genre | : Social Science |
| ISBN | : 0804153868 |
A groundbreaking critique of the West's historical, cultural, and political perceptions of the East that is—three decades after its first publication—one of the most important books written about our divided world. "Intellectual history on a high order ... and very exciting." —The New York Times In this wide-ranging, intellectually vigorous study, Said traces the origins of "orientalism" to the centuries-long period during which Europe dominated the Middle and Near East and, from its position of power, defined "the orient" simply as "other than" the occident. This entrenched view continues to dominate western ideas and, because it does not allow the East to represent itself, prevents true understanding.
| Author | : Wael B. Hallaq |
| Publisher | : Columbia University Press |
| Total Pages | : 364 |
| Release | : 2018-07-03 |
| Genre | : Political Science |
| ISBN | : 0231547382 |
Since Edward Said’s foundational work, Orientalism has been singled out for critique as the quintessential example of Western intellectuals’ collaboration with oppression. Controversies over the imbrications of knowledge and power and the complicity of Orientalism in the larger project of colonialism have been waged among generations of scholars. But has Orientalism come to stand in for all of the sins of European modernity, at the cost of neglecting the complicity of the rest of the academic disciplines? In this landmark theoretical investigation, Wael B. Hallaq reevaluates and deepens the critique of Orientalism in order to deploy it for rethinking the foundations of the modern project. Refusing to isolate or scapegoat Orientalism, Restating Orientalism extends the critique to other fields, from law, philosophy, and scientific inquiry to core ideas of academic thought such as sovereignty and the self. Hallaq traces their involvement in colonialism, mass annihilation, and systematic destruction of the natural world, interrogating and historicizing the set of causes that permitted modernity to wed knowledge to power. Restating Orientalism offers a bold rethinking of the theory of the author, the concept of sovereignty, and the place of the secular Western self in the modern project, reopening the problem of power and knowledge to an ethical critique and ultimately theorizing an exit from modernity’s predicaments. A remarkably ambitious attempt to overturn the foundations of a wide range of academic disciplines while also drawing on the best they have to offer, Restating Orientalism exposes the depth of academia’s lethal complicity in modern forms of capitalism, colonialism, and hegemonic power.
| Author | : Rahul Sapra |
| Publisher | : University of Delaware |
| Total Pages | : 222 |
| Release | : 2011-03-14 |
| Genre | : Literary Criticism |
| ISBN | : 1611490154 |
The Limits of Orientalism: Seventeenth-Century Representations of India challenges recent postcolonial readings of European, and particularly English, representations of India in the seventeenth century. The book critiques Edward Said's discourse of 'Orientalism' by destabilizing the notion of a homogeneous 'West': the English interest was commercial, unlike the colonially and religiously motivated Portuguese, and therefore instead of representing Mughals as barbaric 'others,' the English travelers drew parallels between the Mughals and themselves in their writings, associating with them as partners in trade and potential allies in war. The Europeans praised Muslims' civility and religious tolerance, yet tended to be more conflicted with the Hindus, but eventually their negative views underwent a transformation, questioning the Orientalist notion of the homogeneous 'Indian.' By historicizing the European representations of India, the book undercuts postcolonial analyses by critics such as Kate Teltscher, Jyotsna Singh, Nandini Bhattacharya, Balachandra Rajan, Gayatri Chakravorty Spivak, Shankar Raman and others.
| Author | : Yun Zhao |
| Publisher | : Cambridge University Press |
| Total Pages | : 327 |
| Release | : 2018 |
| Genre | : Law |
| ISBN | : 110718200X |
A critical evaluation of the latest reform in Chinese law that engages legal scholarship with research of Chinese legal historians.
| Author | : Zachary Lockman |
| Publisher | : Cambridge University Press |
| Total Pages | : 343 |
| Release | : 2010 |
| Genre | : History |
| ISBN | : 0521115876 |
This second edition considers how the 'global war on terror' has changed the way the West views the Islamic world.
| Author | : François Pouillion |
| Publisher | : BRILL |
| Total Pages | : 303 |
| Release | : 2014-11-27 |
| Genre | : History |
| ISBN | : 900428253X |
The debate on Orientalism began some fifty years ago in the wake of decolonization. While initially considered a turning point, Edward Said’s Orientalism (1978) was in fact part of a larger academic endeavor – the political critique of “colonial science” – that had already significantly impacted the humanities and social sciences. In a recent attempt to broaden the debate, the papers collected in this volume, offered at various seminars and an international symposium held in Paris in 2010-2011, critically examine whether Orientalism, as knowledge and as creative expression, was in fact fundamentally subservient to Western domination. By raising new issues, the papers shift the focus from the center to the peripheries, thus analyzing the impact on local societies of a major intellectual and institutional movement that necessarily changed not only their world, but the ways in which they represented their world. World history, which assumes a plurality of perspectives, leads us to observe that the Saidian critique applies to powers other than Western European ones — three case studies are considered here: the Ottoman, Russian (and Soviet), and Chinese empires. Other essays in this volume proceed to analyze how post-independence states have made use of the tremendous accumulation of knowledge and representations inherited from previous colonial regimes for the sake of national identity, as well as how scholars change and adapt what was once a hegemonic discourse for their own purposes. What emerges is a new landscape in which to situate research on non-Western cultures and societies, and a road-map leading readers beyond the restrictive dichotomy of a confrontation between West and East. With contributions by: Elisabeth Allès; Léon Buskens; Stéphane A. Dudoignon; Baudouin Dupret; Edhem Eldem; Olivier Herrenschmidt; Nicholas S. Hopkins; Robert Irwin; Mouldi Lahmar; Sylvette Larzul; Jean-Gabriel Leturcq; Jessica Marglin; Claire Nicholas; Emmanuelle Perrin; Alain de Pommereau; François Pouillon; Zakaria Rhani; Emmanuel Szurek; Jean-Claude Vatin; Mercedes Volait
