Page:Stanley Kuhl Hornbeck - The Situation in China (1927).djvu/11

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minute detail. In the dispensation of justice much of their law is to be found in the minds of the magistrates. In the making of contracts much is left to the attitudes and needs of the parties when performance becomes due. The Occidental found China's laws, conceptions of justice, methods of administration different from those of the West. He found Chinese customs, conceptions of propriety, methods of doing business different from his. He found Chinese religions, conceptions of human obligations and methods of performance different from his. Where Chinese ideas and practices have differed from those of the Occident, the man from the West has insisted, in nine cases out of ten, that the Chinese idea is wrong and the Western right.

A century and a half ago, the Chinese knew nothing about foreign governments, constitutions, republics, representative government, separation of powers, etc. They knew nothing of international law. They had no treaties (except certain old agreements with Russia). The West insisted that they learn these things, taught them, and forced them to sign treaties. The Powers insisted that China adopt and maintain a fixed schedule of customs duties; they insisted that the Chinese admit Christian missionaries, allow them to preach and teach without obstacle and permit them to buy and own land wherever they might please for the prosecution of their enterprises. They insisted that, inasmuch as Chinese laws were different, those laws should not apply to "foreigners." Nevertheless,

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