China’s War on Smuggling: Law, Economic Life, and the Making of the Modern State, 1842–1965 PDF
Preview China’s War on Smuggling: Law, Economic Life, and the Making of the Modern State, 1842–1965
R A W S A ’ N H I N G C L I G G U M S N O L a w , tEhceo Mn oomd ei cr nL iSftea, taen, d1 8Tt 4h e2H –M1 9a k6Ai5n gI o f P L I H I P CHINA’S WAR ON SMUGGLING STUDIES OF THE WEATHERHEAD EAST ASIAN INSTITUTE COLUMBIA UNIVERSITY STUDIES OF THE WEATHERHEAD EAST ASIAN INSTITUTE, COLUMBIA UNIVERSITY The Studies of the Weatherhead East Asian Institute of Columbia Univer- sity were inaugurated in 1962 to bring to a wider public the results of signifi- cant new research on modern and contemporary East Asia. For a list of titles in the series, see page 381. PHILIP THAI CHINA’S WAR ON SMUGGLING Law, Economic Life, and the Making of the Modern State, 1842–1965 Columbia University Press / New York Columbia University Press Publishers Since 1893 New York Chichester, West Sussex cup .columbia . edu Copyright © 2018 Columbia University Press All rights reserved Library of Congress Cataloging-in-Publication Data Names: Thai, Philip, author. Title: China’s war on smuggling : law, economic life, and the making of the modern state, 1842–1965 / Philip Thai. Description: New York : Columbia University Press, [2018] | Series: Studies of the Weatherhead East Asian Institute | Includes bibliographical references and index. Identifiers: LCCN 2017044055 | ISBN 9780231185844 (cloth : alk. paper) | ISBN 9780231546362 (ebook) Subjects: LCSH: Smuggling—China—History. | Customs administration— China—History. | China—Commerce—History. Classification: LCC HJ7071 .T43 2018 | DDC 364.1/336095109041—dc23 LC record available at https://lccn.loc.gov/2017044055 Columbia University Press books are printed on permanent and durable acid-free paper. Printed in the United States of America Cover design: Noah Arlow Cover image: Jack Birns For my parents, who sacrificed everything q An injudicious tax offers a great temptation to smuggling. But the penalties for smuggling must rise in proportion to the temptation. The law, contrary to all the ordinary principles of justice, first creates the temptation, and then punishes those who yield to it; and it commonly enhances the punishment too in proportion to the very circumstance which ought certainly to alleviate it, the temptation to commit the crime. —Adam Smith, The Wealth of Nations No state is forever strong or forever weak. If those who uphold the law are strong, the state will be strong; if they are weak, the state will be weak. —Han Feizi The more cunning craftsmen there are, The more pernicious contrivances will be invented. The more laws are promulgated, The more thieves and bandits there will be. —Laozi CONTENTS List of Maps, Tables, and Figures xi Acknowledgments xiii INTRODUCTION 1 1. COASTAL COMMERCE AND IMPERIAL LEGACIES: Smuggling and Interdiction in the Treaty Port Legal Order 25 2. TARIFF AUTONOMY AND ECONOMIC CONTROL: The Intellectual Lineage of the Smuggling Epidemic 59 3. STATE INTERVENTIONS AND LEGAL TRANSFORMATIONS: Asserting Sovereignty in the War on Smuggling 89
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