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  • Cited by 79
Publisher:
Cambridge University Press
Online publication date:
May 2010
Print publication year:
2010
Online ISBN:
9780511730252

Book description

Legal Imperialism examines the important role of nineteenth-century Western extraterritorial courts in non-Western states. These courts, created as a separate legal system for Western expatriates living in Asian and Islamic countries, developed from the British imperial model, which was founded on ideals of legal positivism. Based on a cross-cultural comparison of the emergence, function, and abolition of these court systems in Japan, the Ottoman Empire, and China, Turan Kayaoglu elaborates a theory of extraterritoriality, comparing the nineteenth-century British example with the post-World War II American legal imperialism. Ultimately, his research provides an innovative basis for understanding the assertion of legal authority by Western powers on foreign soil and the influence of such assertion on ideas about sovereignty.

Reviews

''This excellent book, published last year by Cambridge, points to law as an imperial tool. Kayaoglu goes back to the time of extra-territorial justice not only describing it as a moment of the Western imperialism, but also revisiting the concept of sovereignty and the ways by which it has been enforced in non-western countries.'

Bertrand Badie Source: Journal of Political Science

'… Legal Imperialism is a novel text that will inspire readers to keep in mind the diverse uses of law and see anew the concept of sovereignty.'

Zülâl Muslu Source: Comparative Legal History

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