Shaping a New Profession

Author(s):  
Andrew Cobbing

Not until the nineteenth century were the Japanese forced to confront and engage with the European conception of international law. In East Asia a Sinocentric regional order had governed their worldview for over a thousand years, and during the early modern period the Tokugawa dynasty then modified this outlook to place Japan in the centre of its own framework of international relations. Under the Tokugawa judicial system, moreover, the concept of a lawyer, international or otherwise, was practically unknown. It was the reluctant opening of treaty ports in 1859 that paved the way for Japan’s reception of international law. This chapter charts the shift from the early Japanese exploration of the outside world after centuries of self-imposed isolation, to the training of Japan’s first generation of international lawyers as the Meiji state embarked on reclaiming sovereign rights lost through the imposition of the treaty port regime.

2019 ◽  
pp. 78-99
Author(s):  
Cees Heere

Victory over Russia established Japan as the leading power in East Asia, and inaugurated a period during which its economic and political influence in the region sharply expanded. This chapter explores these shifts in the regional order from the perspective of both British policymakers in London, and from that of the British communities in Shanghai, Hong Kong, and the other ‘treaty ports’ scattered along the China coast. For many, Japan, came to represent a challenge to British hegemony in China that manifested itself on a racial as well as on the commercial or political fronts. The chapter goes on to analyse the efforts of the ‘Shanghailanders’ to mobilize British policy to constrain Japanese power in the region through public campaigns and political manoeuvring. In the process, it demonstrates how treaty port residents articulated their own vision on Britain’s imperial future in Asia.


2020 ◽  
Vol 135 (575) ◽  
pp. 836-859
Author(s):  
Gabriel Paquette

Abstract This article examines Anglo-Portuguese relations in the middle of the nineteenth century, particularly conflicts over territorial claims in West and East Africa. It examines how these conflicts were de-escalated and why they did not tear asunder the long-standing, if asymmetrical, alliance between Britain and Portugal. After briefly surveying Anglo-Portuguese relations in the early modern period and in the first half of the nineteenth century, the article focuses on the way that conflicts were resolved through third-party arbitration between the 1850s and 1870s. Drawing on archival research in Portugal and Britain, the article contributes to the rich historiographies on informal empire, the partition of Africa, and the emergence of international law in the context of imperial conflict and collaboration.


Author(s):  
Inge Van Hulle

Africa often remains neglected in studies that discuss the historical relationship between international law and imperialism during the nineteenth century. When it does feature, scholarly focus tends to be on the late nineteenth century and on the treaties concluded between European powers and African polities in which sovereignty and territory were ceded. Through a contextual historical analysis, Inge Van Hulle complicates this traditional narrative. By reviewing the use and creation of legal instruments that expanded or delineated the boundaries between British jurisdiction and African communities in West Africa, she highlights the practicality and flexibility of international legal discourse in imperial contexts. The chronological focus of the book is the period between the end of the eighteenth century and the 1880s which the author identifies as an important phase of legal experimentation which saw substantial deviations in the legal relationship between African polities and British imperial agents, not merely from traditional Euro-African normative patterns as they had existed during the Early Modern period, but also from inter-Western international law. By the 1880s the legal techniques that were fashioned in the language of international law in West Africa had largely developed their own substantive characteristics and which included apart from treaties of cession, also commercial treaties, the abolition of the slave trade, extraterritoriality and the use of force. During this period, legal ordering was not done in reference to adjudication before Western courts or the writings of Western learned lawyers, but in reference to what was deemed politically expedient and practically feasible by imperial agents for the preservation of social peace, commercial interaction and humanitarian agendas.


2006 ◽  
Vol 35 ◽  
pp. 21-35
Author(s):  
Hiroshi Mitani

In the contemporary world the word “Asia” invokes a sense of regional integration or solidarity among Asian peoples. This sense of the word is rather recent and can only be traced back to the late nineteenth and early twentieth centuries. In that period, Japan called on Asian people to unify against the Western threat under its leadership. But until the late nineteenth century, “Asia” was a purely geographical term; merely the name of one of the five continents-a concept that had been modeled by early modern Europeans.In this essay I will discuss how and why the political usage of the word “Asia,” stressing Asian solidarity, was invented by the Japanese around the 1880s. I also investigate the ways in which this sense of the word spread to the rest of the geographical region of Asia. In order to understand the unfolding of this historical process, we should first examine the traditional concepts of world geography in Japan and how the European concept of Asia was introduced into East Asia.


2021 ◽  
pp. 609-634
Author(s):  
Carolyn J. Sharp

This chapter explores homiletical possibilities afforded by the book of Jeremiah to the Christian preacher. The earliest layers of contextualization are examined through consideration of preaching on Jeremiah in the early Church, focusing on sermons of Origen. In discussing the early modern period, the chapter attends to the preaching of Reformers Martin Luther and John Calvin. Finally, the chapter reflects on homiletical moves made by contemporary preachers in a variety of ecclesial contexts from the nineteenth century to the present, including Charles Spurgeon and Walter Brueggemann. Noteworthy in the homiletical reception of Jeremiah are four passages: first, the commissioning of Jeremiah (1:4–10), which foregrounds agonistic dimensions of prophetic witness and has served as a focus in liturgies of ordination; second, the lament, “Is there no balm in Gilead?” (8:22), transformed in a renowned African American spiritual into the asseveration that “there is a balm in Gilead,” namely, Jesus; third, Jeremiah’s depiction of the divine word as irresistible, “like a burning fire shut up in my bones” (20:9); and fourth, the promise of the new covenant that God will inscribe on the heart (31:31–34).


Author(s):  
Mark Goldie

Absolutism is a nineteenth-century term designed precisely to address the mismatch between doctrine and power. The intellectual resources of absolutism were far older than the Renaissance and Reformation. The absolutism of monarchs was a contingent and temporary corollary of the principal juridical development of the early modern period: the emergence of the concept of sovereignty. Absolute monarchy was a free rider on a concept that would later unseat it. Theorists of absolute sovereignty drew heavily on Roman law, and often invoked the idea of the translatio imperii, the inheritance by modern monarchies of Roman imperial authority. The sovereignty of kings, seeking to trump the divine imperium of the papacy, masqueraded its jurisprudence as the divinity of kings. The “divine right of kings” was a theological meditation on a juridical concept, not a species of mysticism, and rarely did absolutists endow monarchs with magical or sacerdotal attributes. Absolutism conspicuously appropriated religious form when expressed as a theory of obedience. Absolutist theory offered an account of the origins of civil authority.


Author(s):  
Gordon Geoff

This chapter presents an overview of three active periods of natural law scholarship bearing on international legal theory, via two stories that illustrate these to effect. The first story relates in brief the renewed attention to natural law doctrine as part of historiographical and epistemological inquiries in international law and legal theory. The second presents still another means of understanding natural law and its ongoing role in international law, namely as a dialectic by which new conceptions and vocabularies of political organization have arisen under varying historical circumstances. The chapter then traces the role of natural law doctrine as part of a linear consolidation of liberal hegemony internationally from the early modern period forward, and offers the dialectical presentation covering the same time frame. The chapter concludes by returning to how natural law continues to contribute both to the possibility of new normative programs internationally, as well as the hegemonic.


Humanities ◽  
2020 ◽  
Vol 9 (3) ◽  
pp. 91
Author(s):  
Stefan Eklöf Amirell

This article traces the long historical background of the nineteenth-century European notion of the Malay as a human “race” with an inherent addiction to piracy. For most of the early modern period, European observers of the Malay Archipelago associated the Malays with the people and diaspora of the Sultanate of Melaka, who were seen as commercially and culturally accomplished. This image changed in the course of the eighteenth century. First, the European understanding of the Malay was expanded to encompass most of the indigenous population of maritime Southeast Asia. Second, more negative assessments gained influence after the mid-eighteenth century, and the Malays were increasingly associated with piracy, treachery, and rapaciousness. In part, the change was due to the rise in maritime raiding on the part of certain indigenous seafaring peoples of Southeast Asia combined with increasing European commercial interests in Southeast Asia, but it was also part of a generally more negative view in Europe of non-settled and non-agricultural populations. This development preceded the notion of the Malays as one of humanity’s principle races, which emerged toward the end of the eighteenth century. The idea that Malays were natural pirates also paved the way for several brutal colonial anti-piracy campaigns in the Malay Archipelago during the nineteenth century.


2007 ◽  
Vol 37 ◽  
pp. 147-175 ◽  
Author(s):  
Miri Shefer Mossensohn

AbstractOttoman society and its medical system of the early modern period and the nineteenth-century demonstrate the marriage of medicine and power. I present the view from the imperial center and focus on the aims and wishes of the Ottoman elite and imperial authorities in İstanbul as they were embodied in state activities, such as formal decrees and policies meant to be implemented all over the empire. For the Ottoman elite, medicine was always a significant imperial tool, but it was neither the only tool of control, nor the most important one. The extent to which the Ottoman elite used medicine in its social policies changed over time. A comparison between the Ottoman use and distribution of health and food from the early modern period until the nineteenth century illustrates this point. It was especially during the nineteenth century that medicine was intentionally-and successfully-implemented as a mechanism of control in the Ottoman Empire.


Author(s):  
Katrina Jennie-Lou Wheeler

From the sixteenth through to the eighteenth centuries, Christians in Western Europe and North America celebrated Christmas in a variety of ways. Some of the practices or elements of celebration are familiar as they are still a part of many Christmas celebrations today, such as gift-giving, hospitality, feasting, singing, and decorating with greenery and Christmas trees. Other aspects of Christmas revelry were reduced during this period, as reformers in both the Protestant and Catholic Churches worked to rid the holiday of some of its excessive forms of festivity, such as misrule, social inversion, or superstitious practices. While in some areas, namely Scotland, England, and New England, radical reformers, including the Puritans, did away with Christmas festivities in the late-sixteenth and early- to mid-seventeenth centuries, these legal strictures were difficult to enforce and were not long-lasting. Instead, in both Protestant and Catholic countries, Christmas celebrations continued, though they often changed from what they had been in the Middle Ages. By the nineteenth century, traditions such as Christmas carols, Christmas trees, Nativity scenes, and Saint Nicholas iconography had been established that were taken up and popularized on a wider scale, but claims that those traditions were not invented until the nineteenth century are often rather overstated. Instead, many of these traditions grew and blossomed throughout the early modern period, sometimes despite radical Reformation attempts to get rid of Christmas, sometimes because of reforms in its celebration.


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