EALC 21055/31055 Comparative Legal History of Chinese States II
This course defines “Chinese state” as a state that uses Chinese Script to define its legal institutions. A rich variety of this kind of state can be observed in the history of East Asia, showing a wide range of different ethnic, cultural and socio-economic backgrounds. The objective of this course is to highlight the fundamental breaks in the history of these Chinese states, which often hide under a thick curtain of linguistic continuity. Though contemporary Chinese states are undoubtedly rooted in history, this course avoids diminishing the history of the former Chinese states to a pre-history of any contemporary Chinese state. This course is divided into part I (Autumn term) and part II (Winter term). Part I concentrates on the first Chinese states, covering a period when written history in East Asia was still limited to Chinese history. Interstate relations were thus limited to international relations between Chinese states or to Chinese state relations with states without indigenous script systems. This period commences in the early Bronze Age and reaches the seventh century CE. The course will show that the legacy of script, language and concepts did not limit the plurality of legal institutions, which may be considered a natural result of differing socio-economic needs. Part II starts from the eighth century. At that time, the state of Tang became the first Chinese state for which we have evidence that it concluded equal international treaties with non-Chinese states.