The Futility of Law and Development
China and the Dangers of Exporting American Law
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Product details:
- Publisher OUP USA
- Date of Publication 11 February 2016
- ISBN 9780190233525
- Binding Hardback
- No. of pages374 pages
- Size 155x236x33 mm
- Weight 635 g
- Language English 0
Categories
Short description:
Drawing in historical threads from religious, legal and foreign policy work, The Futility of Law and Development demonstrates how American comparative law ultimately became a marginalized practice in this process. The marginalization belies its central place in earlier eras of American political and legal reform.
MoreLong description:
For all the attention paid to the Founder Fathers in contemporary American debates, it has almost been wholly forgotten how deeply they embraced an ambitious and intellectually profound valuation of foreign legal experience. Jedidiah Kroncke uses the Founders' serious engagement with, and often admiration for, Chinese law in the Revolutionary era to begin his history of how America lost this Founding commitment to legal cosmopolitanism and developed a contemporary legal culture both parochial in its resistance to engaging foreign legal experience and universalist in its messianic desire to export American law abroad. Kroncke reveals how the under-appreciated, but central role of Sino-American relations in this decline over two centuries, significantly reshaped in the early 20th century as American lawyer-missionaries helped inspire the first modern projects of American humanitarian internationalism through legal development. Often forgotten today after the rise of the Chinese Communist Party in 1949, the Sino-American relationship in the early 20th century was a key crucible for articulating this vision as Americans first imagined waves of Americanization abroad in the wake of China's 1911 Republican revolution.
Drawing in historical threads from religious, legal and foreign policy work, the book demonstrates how American comparative law ultimately became a marginalized practice in this process. The marginalization belies its central place in earlier eras of American political and legal reform. In doing so, the book reveals how the cosmopolitan dynamism so prevalent at the Founding is a lost virtue that today comprises a serious challenge to American legal culture and its capacity for legal innovation in the face of an increasingly competitive and multi-polar 21st century. Once again, America's relationship with China presents a critical opportunity to recapture this lost virtue and stimulate the searching cosmopolitanism that helped forge the original foundations of American democracy.
[Futility] is a meticulously documented and ethnographically inspired history of Chinese and American foreign relations. Why do American lawyers export American legal norms, particularly to places with their own rich legal traditions? The answer is as unexpected as it is revelatory...American foreign relations are built upon the meeting of two unexpected forces and disciplines: law and religion...The book is essential reading for comparative legal historians, rule-of-law practitioners, and those who study the impact of law in Sino-American relations.
Table of Contents:
Table of Contents
Introduction
Chapter 1
The Reception of Chinese Law in Revolutionary America
Chapter 2
Extraterritoriality and Evolution in the 19th Century
Chapter 3
The American Missionary and Early American Legal Reform in China
Chapter 4
The Solvency of China in Early American Internationalism
Chapter 5
Science, Standardization, and the Export of American Law
Chapter 6
The Chinese Republic and America's Missionary Reformers
Case Study 1
Frank Goodnow and the Failures of Technocratic Constitutionalism
Chapter 7
The Special Relationship and the Rule of Law
Chapter 8
The Loss of China and Export as Legal Nationalism
Case Study 2
Roscoe Pound and the Corrupting Dream of Exporting American Law
Conclusion
Globalizing the American Legal Missionary
