Liberty, the <i>Maria Luz</i> Incident and the Liminal Legal Status of Chinese Indentured Labourers and Japanese Licensed Prostitutes

Abstract While covering the same ground as recent scholarship on the emancipatory potential of the Maria Luz incident, this article takes a radical departure, arguing that the background to the incident was British desire to disrupt the Macao trade in Chinese labour to Peru; that the legal focus of the ad hoc tribunals was not on any nascent human right to free the Chinese men and minors from being trafficked to Peru but on who owned and controlled their labour; and that the release of Japanese licensed prostitutes from their contracts was an unintended consequence of the legal fiction that the Japanese legal system was comparable with the principles of British common law.

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Publication Details

Journal
Past & Present
Published
2024-08-19
DOI
https://doi.org/10.1093/pastj/gtae022
Primary Topic
Chinese history and philosophy
Type
article
Field-Weighted Citation Impact
0.00
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article

Liberty, the Maria Luz Incident and the Liminal Legal Status of Chinese Indentured Labourers and Japanese Licensed Prostitutes

Bill Mihalopoulos
1 links
Past & Present
Chinese history and philosophy
article

Liberty, the Maria Luz Incident and the Liminal Legal Status of Chinese Indentured Labourers and Japanese Licensed Prostitutes

Bill Mihalopoulos
article en

Abstract

Abstract While covering the same ground as recent scholarship on the emancipatory potential of the Maria Luz incident, this article takes a radical departure, arguing that the background to the incident was British desire to disrupt the Macao trade in Chinese labour to Peru; that the legal focus of the ad hoc tribunals was not on any nascent human right to free the Chinese men and minors from being trafficked to Peru but on who owned and controlled their labour; and that the release of Japanese licensed prostitutes from their contracts was an unintended consequence of the legal fiction that the Japanese legal system was comparable with the principles of British common law.

Past & PresentVol. 268(1)
SOAS University of London (GB)
Openalex Percentile: Top 79%
Chinese history and philosophy
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