History The Opium Wars Questions Medium
The Opium Wars were indeed a clash of legal systems, primarily between China and Britain. The conflict arose due to the differing perspectives on the legality and regulation of the opium trade.
During the 18th and 19th centuries, China had strict laws against the import and consumption of opium. The Chinese government viewed opium as a harmful and addictive substance that was detrimental to society. In contrast, Britain, as a major producer of opium in its colony of India, saw the trade as a lucrative business opportunity.
The British East India Company began smuggling opium into China, despite the Chinese government's efforts to suppress the trade. This illegal activity led to a significant increase in opium addiction among the Chinese population and a drain of silver from China to Britain.
The Chinese legal system, based on Confucian principles, emphasized social order and harmony. The government believed that strict regulation and control of trade were necessary to maintain stability within society. The opium trade was seen as a threat to this order, leading to the prohibition and subsequent crackdown on the trade.
On the other hand, the British legal system, influenced by capitalist principles, prioritized individual freedom and economic gain. The British argued that the Chinese government's attempts to suppress the opium trade violated the principles of free trade and property rights.
The clash of these legal systems became evident when the Chinese government confiscated and destroyed large quantities of British-owned opium in 1839. In response, Britain launched military campaigns known as the First Opium War (1839-1842) to protect its economic interests and force China to open its ports for trade.
The Treaty of Nanjing, signed in 1842, marked the end of the First Opium War. It forced China to cede Hong Kong to Britain, open several ports for trade, and pay a large indemnity. This treaty reflected the victory of the British legal system, which prioritized free trade and individual rights over the Chinese legal system's emphasis on social order and control.
The clash of legal systems continued with the Second Opium War (1856-1860), which erupted due to conflicts over trade and diplomatic relations. The British and French forces once again defeated China, resulting in the signing of the Treaty of Tientsin in 1858. This treaty further expanded foreign access to Chinese markets and granted extraterritorial rights to foreign nationals.
In conclusion, the Opium Wars can be seen as a clash of legal systems between China's emphasis on social order and control, and Britain's prioritization of free trade and individual rights. The conflict highlighted the tension between different legal philosophies and the struggle for dominance in the global trade system during the 19th century.