Contextualizing four-stage legal transitions in convergent evolution
Comparing legal controls by the Roman Republic and Chinese Empire of their subordinate states in early second century BC
Bibliographic Data
| ID | 20446446 |
|---|---|
| Authors | Pengfei Su (0000-0003-2069-7485, Partner, Shanghai Jade & Fountain Law Firm, Attorney-at-Law Minnesota & China), Wei Shen (0000-0002-3567-2726, KoGuan Distinguished Professor of Law, Shanghai Jiao Tong University, KoGuan Law School 1954 Huashan Road, Shanghai 200030 China Attorney-at-Law New York), Shen Wei (0009-0004-7147-2029, Shanghai Jiao Tong University) |
| Year | 2021 |
| Volume | 89 |
| Issue | 3-4 |
| Pages | 277-309 |
| Publication date | 2021-12-07 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Tijdschrift voor Rechtsgeschiedenis / Revue d Histoire du Droit / The Legal History Review (JOURNAL) |
| Journal identifiers | ISSN: 0040-7585 • E-ISSN: 1571-8190 |
| Publisher | Walter de Gruyter GmbH (PUBLISHER • DE) |
| DOI | 10.1163/15718190-12340019 |
| OpenAlex | W4200465161 |
| Language | EN |
This article posits that both Roman and early Chinese states underwent four stages in their multiple-step transformations from local states to major empires during the classical period. For both states, at stage 2, one dominant state formed alliance with a group of smaller autonomous polities, and at stage 3 that dominant state deepened its regulation of the smaller polities whose autonomy was curtailed. There existed striking similarities between Rome and China (early Han Empire) at stages 2 and 3 regarding the constitutional rules enforced by the two central governments to control the newly-acquired subordinate territories, which were the Macedonian/Greek states for Rome and the vassal kingdoms in eastern territories for Han Empire. In particular, this article discusses: (i) why Macedonian/Greek states have been chosen for comparative studies; (ii) similar constitutional rules at stage 2 governing the two empires’ relationships with their subordinate polities; (iii) similar legal rules at stage 3 aiming at dividing up the territories of the subordinate polities and restraining their self-rule; (iv) similar stage-3 constitutional rules that preserved some autonomy for the subordinate polities; and (v) similar stage-3 legal rules that regulated certain economic activities of the subordinate polities. After analyzing Roman governance of Macedonia/Greece within the broader context of Roman institutions for territorial integration, the article explores the underlying trends and deeper mechanism that led to such convergent evolution of legal rules
Alliance · Ancient history · Autonomy · China · Context (archaeology) · Corporate governance · Economics · Empire · Macedonian · Political economy · Political science · Politics · Sociology · State (computer science) · State formation · Chinese history and philosophy · Classical Antiquity Studies · Eurasian Exchange Networks · History · Law
| Highly cited | No |
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