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by Emily Whewell (Author)
Law across imperial borders offers new perspectives on the complex legal connections between Britain's presence in Western China in the western frontier regions of Yunnan and Xinjiang, and the British colonies of Burma and India. Bringing together a transnational methodology with a social-legal focus, it demonstrates how inter-Asian mobility across frontiers shaped British authority in contested frontier regions of China. It examines the role of a range of actors who helped create, constitute and contest legal practice on the frontier-including consuls, indigenous elites and cultural mediators. The book will be of interest to historians of China, the British Empire in Asia and legal history.
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This book tells the story of British imperial agents and their legal powers on the British-Chinese frontiers in the late-nineteenth and early-twentieth centuries. It offers new perspectives on the British presence in Yunnan and Xinjiang in western China and the legal connections to the British colonies of India and Burma.
The book examines how the mobility of people across borders forced consuls to adapt and shape law to accommodate them. Salt and opium smugglers, Indian and Afghan traders, and itinerant local populations exposed the jurisdictional gaps between consular and colonial authority. Local and transfrontier mobility defined and shaped British jurisdiction across the frontier in complex ways. It argues that frontier consular agents played key roles in creating forms of transfrontier legal authority in order to govern these migratory communities. Consular legal practices coexisted alongside, and often took advantage of, other local customs and legal structures. The incorporation of indigenous elites, customary law and Chinese authority was a distinctive feature of frontier administration, with mediation an important element of establishing British authority in contested legal environment. The book is essential reading for historians of China, the British Empire, and socio-legal historians interested in the role of law in shaping semicolonial and colonial societies.Author Biography
Emily Whewell is a Senior Researcher at the Max Planck Institute for European Legal History, Frankfurt
