Eh? Who in this thread said those words "I am not sure if this happened before the American Revolution, during it or just after it"? It certainly wasn't me.
No, that was me. The same person who pointed out that it is not going
full pedant to reply to that vague statement
with a clearer one that does not contradict it.
'It's not the cost that is the big hurdle . . .' but money makes the world go round, and there were a lot of rich Chinese merchants with great British connections. An appendix to the Examinations about railroads, and a crazy charismatic loser hallucinates being George Stephenson's younger brother and goes to build a rail line to the Black Sea.
And there you stumbled upon one of the big hurdles.
"Here is a test on your knowledge of the Four Books and Five Classics, and could you also write an essay on how this
thing the guys whose products and creations officially are of no interest or use to us have started doing is awesome
and should be adopted despite the canals, rivers and roads that have been perfectly good for centuries."
No amount of money to build railroads will make up for lack of support for doing so from those in power.
For example,
https://www.socionauki.ru/journal/articles/364732/points to a number of the principal differences with a conclusion that the
traditional Russian legal system can't be linked to the Roman-German one:
What about Byzantine law, supposedly one of Yaroslav's sources?
Then again, refreshing my memory/checking the books, applying the groupings may have been anachronistic.
(Not to mention that the disagreements appear to have started being published right after or while I studied the subjects,
and so obviously would not have made it into the literature or gained much attention during the lectures.)
Again then again, the point stands, while Russia (pre- and post-Peter) may not have been a literal part of Jus Commune,
it was not foreign to it the way it would have been to the Chinese (and vice versa, Russian law and legal procedures
would not be as foreign to western Europeans).
I'm not sure the traditional German legal system can be linked to the Roman-German one in the "relevant Roman influence" way either...
That said...
1. The Roman law had been based upon "natural law" while the Russian law was fully based upon the will of a ruler not restricted by any laws.
2. There was no notion of the separate public and private rights. Actually, in the early XVIII (reign of Peter and his immediate successors) there was no comprehensive notion of any "rights" for any social group.
3. The legal professionals had no role in creating the Russian laws.
1. Roman/Civil law has as one of its defining points that it is top-down, based on the laws as written/imposed by the rulers.
2. You may have to give an example, because I can't tell what you're trying to say. Is it a natural law versus positive law thing or something else?
3. Which, again, is one of the things that differentiates Roman/Civil Law legal systems from Common Law legal systems. It is law made by
law-makers, not by practioners.
Actually, neither "Russian Truth" nor "Sudebnik" of Ivan III had been a systematized legal system but rather an assembly of the behavioral rules without any underlying "ideology" or systematic approach to the subject.
The same is true for much of Europe during the same period.
An argument (made by some authors) that "Russian Truth" had some crimes identified similarly to the Roman Law is hardly convincing
When put that way, not convincing at all.
But if the argument is not "theft is a crime in Russian Truth and in Codex Justinianus, ergo the former is based on the latter", but
"this section of Just Measure is a translation of this section in the Byzantine Nomos Georgikos", it's more convincing.
Situation started changing somewhere in the late XVIII century when CII ordered to start systematic codification of the existing legislative material.
Which is less than a century of the first French codification under Napoleon and within less than two of the first modern one, in Bavaria.
Well, this view of the problem is exclusively yours and has nothing to do with what I was saying.
You brought up the Time of Troubles, and I remarked that China has had repeated ones.
Quite obviously, China was not beaten by an outsider since the Manchurian conquest of the XVII and the conquerors felt themselves quite comfortable against the outside threats all the way to the XIX (AFAIK, the only "Western" military opponent they did have in between the conquest and the 1st OW were few hundred Russian Cossacks during the Albazin War of 1685-87). The numerous internal rebellions had been defeated and the Qing dynasty was successful against its opponents in Asia (pretty much as Ivan IV was quite successful against his Eastern opponents until he faced the Western ones). So why change something which works?
Exactly.
They were not lagging behind their usual/traditional enemies and the unusual ones weren't really threatening.
But, taking into an account that a considerable part of the Banner Armies even in the XIX century were the archers and that they became the hereditary soldiers with a little training soon after the 1680s, "up to date" hardly spreads to the XVIII century except for the even more backward opponents (Ten Great Campaigns of the XVIII).
Yes, that was what I said. In the earliest part of the Qing dynasty, they did have a powerful army serving the central government and was reasonably up to date (again, not lagging behind those it expected to fight). By the late 18th century they didn't, and, heredity and archers aside, it is not easy to pinpoint when it stopped qualifying as powerful. (Wikipedia suggests 1730s, but that is before some of the successful campaigns.)
Anyway, the question was not about how and when exactly the changes should happen but what should be changed (without ASBs being involved) to put China in a better position vis-a-vis the Western threat. Surely, China would need a much more modern army controlled by the central government. Could they keep their armies updated during the XVIII-early XIX centuries instead of sticking to what they already had?
It seems that one of the issues were, paradoxically, that the army turned professional - hereditary soldiers getting paid because they were hereditary soldiers regardless
of doing anything soldiery (and more importantly, for practising to do so), rather than a group of citizens with a (hereditary) duty to do military service.
As for what should be changed there's a tangle of things that probably depend on each other, and presumable some that are beyond China's control.
The sources may be biased one way or another, but the word corruption keeps popping up and that raises the questions if and why the corruption in
China was by itself worse than elsewhere, or if it's more the circumstances and comparative scale (i.e. the same amount of corruption will have
worse effect if more people and more wealth is involved). I'm not sure how much more China could do to fight it
Is there any 18th century window where one or more European powers can appear to be a credible threat and has an interest in being one, or
is there some neighbour that can be raised to be one? (Raiding/invading nomads and pirates aside, unified China is not as much the biggest fish
in the pond as a big fish with small pieces of pond with other fish around it, and possibly some surplus fins.)
They could have kept their armies updated (the Indians did, more or less, I believe) but there wasn't any real incentive until too late.
And then we get tangled up in things like the Confucian view of soldiering, the attitude towards and interest in developments and
inventions outside China (again) and so on, and what starts turning into how again.
Yes, China was big an had a lot of population but inability to control the remote regions was a byproduct of government's weakness. Comparative importance of the remote areas of the Russian empire is a matter of opinion but the government managed to keep them under control with much lesser human resources than Chinese government had in its disposal and with the logistics being quite complicated.
It sort of feeds into each other, a highly-populated distant region is harder to control to begin with.
It's also not just a question of if you can control a place, but what happens if you lose control and what it
takes to control them.
It's cheating in regards to the comparative distances, but when I think about remote areas of the Russian empire, I think of places like Yakutsk,
where I have a hard time picturing a 18th century loss of control as much of a threat to Russia or something that would be rapidly noticed.
How important was, say, Krasnodar to Russia in 1800?
How far from St. Petersburg and how big where the most important cities at the edge of the Russian Empire?
What would be the Imperial Russian equivalent of Guangzhou and Guangdong?