Criminal law and criminal justice are becoming increasingly globalised. In open societies, the era in which individual jurisdictions developed their own codes, statutes and systems of justice with no regard to other systems and countries is long over. There is a growing desire to develop common approaches to common problems and to learn from the diversity of current practice in different countries. This development has been reinforced by the internationalisation of criminal justice in international and mixed criminal tribunals. However, attempts at trans-jurisdictional discourse are often hampered by mutual misunderstandings. Some problems are linguistic: although English is the new lingua franca of international and comparative criminal law, not all foundational concepts of criminal law and justice originate in the English-speaking world; some of them are rooted in civil law jurisdictions, such as France, Germany and Italy. The translation of these concepts into English is subject to ambiguity and potential error: the same term may assume different meanings in different legal contexts.

Introduction

Piracy played an important role in the making of the Qing Empire (1636/44–1911). Such a premise at first may appear far-fetched. Not so long ago, China scholars paid little attention to the maritime, dismissing it as peripheral and unimportant. Although today maritime history is one of the hottest topics in Chinese history, few if any scholars would place piracy at centre stage. Indeed, no China scholar has examined the relationship that piracy had with empire building and the legal regime upon which the state rested. Important studies by Janice Thomson, Anne Pérotin-Dumon, Eliga Gould, Lauren Benton, Michael Kempe, and others, although adding greatly to our understandings about the role that piracy has played in the operations of empire and law, nevertheless are Eurocentric in that they focus on Western imperialism and say little about how non-Western imperiums and legal regimes developed or functioned. In this chapter, I shift attention to the construction and internal dynamics of the Qing Empire, sovereignty, and piracy between the seventeenth and early twentieth centuries. Put simply, this chapter takes a China-centred perspective.

This chapter builds on Benton's and other recent studies on European empires, legal regimes, and piracy by exploring how Qing rulers, scholar-officials, agents of foreign states, and pirates interacted with one another in the construction of empire and sovereignty. While my research has been inspired by Benton in particular, I nonetheless take her studies as my point of departure because there is so much that was different in China. She has persuasively argued that the expansion of law closely followed the expansion of European empires across the globe.