Extraterritoriality and Western perceptions of Chinese commercial law: Mixed Court cases in George Jamieson’s translation of the Great Qing Code

In the complex encounter between Qing and Western law in late imperial China, extraterritoriality played a crucial role in shaping Western interpretations of Chinese legal systems. However, the specific mechanisms through which extraterritoriality influenced these perceptions remain underexplored. Focusing on George Jamieson’s translation of commercial law in the Great Qing Code, this article examines the intricate dynamics of extraterritoriality by analyzing why Jamieson emphasized Chinese customs, how he derived these customs from Mixed Court cases, and the ways in which he represented Chinese commercial law. As revealed, Jamieson’s legal training and direct judicial experience, which was greatly shaped by extraterritoriality, contributed significantly to his construction of Chinese commercial law. Moreover, as Republican China worked toward drafting a new civil code, Jamieson sought to shape Chinese legislative efforts by incorporating both indigenous customs and elements of Western law. By situating Western discourses on Chinese law within the broader history of empire and extraterritoriality, this article demonstrates that extraterritoriality was not merely a contextual backdrop but an active force in the Western construction of Chinese law.