SOAS University of London

School of Law

Ernest Caldwell

BA (Alabama), LLM (Singapore), MA (Kansas), PhD (Chicago)
  • Overview
  • Teaching
  • Research
  • Publications

Overview

Ernest Caldwell
School of Law

Undergraduate Deputy Admissions Tutor

Centre of East Asian Law

Chair, Centre of East Asian Law (CEAL)

SOAS China Institute

Academic Staff, SOAS China Institute

SOAS Centre of South East Asian Studies

Academic Staff, Centre of South East Asian Studies

Centre for Human Rights Law

Member

Centre of Taiwan Studies

Member

Name:
Dr Ernest Caldwell
Email address:
Telephone:
+44 (0)207 898 4645
Building:
Senate House
Office No:
S327
Office Hours:
Thursday 13:00 - 15:00

Biography

Ernest Caldwell joined the SOAS law faculty in 2012.  He has undergraduate and postgraduate degrees in legal history, Sinology, Chinese literature, and Asian legal systems.  Ernest specialises in the study of Chinese and Taiwanese law, with particular research interests in constitutional law, environmental law, transitional justice, and indigenous rights. He also maintains broader research and teaching interests in public law in Southeast Asia.

Ernest is currently working on two long-term research projects related to public law in contemporary China and Taiwan.  The first project concerns law and indigenous rights in contemporary Taiwan.  Beginning as early as the 15th century, the island’s Austronesian inhabitants suffered numerous colonial incursions by the Chinese, Dutch, and Spanish resulting in loss of lands and often violence. Later, they suffered similar abuses at the hands of the Japanese colonial government (1895-1945) and, after 1945, the Chinese Nationalist government. This project draws on the growing international discourse of indigenous human rights to examine the fraught nexus of transitional justice and indigenous rights in contemporary Taiwan. 

The second project examines the Republic of China’s 1947 five-power constitution (五權憲法). The unique design of this constitution combines the standard Western tripartite branches of Executive, Legislative, and Judicial, with two additional branches drawn from China’s imperial past: the Control Yuan (監察院) and the Examination Yuan (考試院).  This project endeavours to produce a comprehensive history of the Control Yuan from the perspective of constitutional design and constitutional change. 

In addition to his work on modern law, Ernest continues to utilize his Sinological and esoteric paleographic postgraduate training to conduct research on the formation of various strands of legal thought in ancient China (c. 500-100 BCE). At present, Ernest is completing a book manuscript that examines the form and function of legal statutes in the Qin Shuihudi manuscript corpus which were excavated from the tomb of a lower ranking official in Yunmeng County, Hubei, China.

Ernest’s research on traditional and contemporary Chinese/Taiwanese legal and political thought has been published in edited volumes and several journals including the Law and History Review, Chicago-Kent Law Review, University of Illinois Law Review, Washington International Law Journal, Max Weber Studies, and Early China. His first book, Writing Chinese Laws: The Form and Function of Legal Statutes Found in the Qin Shuihudi Corpus, will be published in 2018 (Routledge Series in Asian Law).  Ernest currently serves as an associate editor for the International Journal of Taiwan Studies (Brill), after previously serving as vice-president of the International Society for the Study of Chinese Legal History and the associate journal editor for Comparative Legal History. 

 At SOAS, Ernest offers an undergraduate survey of Chinese law covering the late imperial period to the present.  He also offers postgraduate courses on Chinese constitutionalism, human rights in China, and human rights in Taiwan. Ernest frequently provides guest lectures on postcolonial constitutionalism in Southeast Asia, environmental law and human rights in Southeast Asia, and comparative methodology.  He is happy to advise MA/LLM dissertations, as well as PhD projects on any topics related to these fields. 

Teaching

Research

Laws of China and Taiwan; Indigenous Rights; Transitional Justice; Environmental Law; Constitutional Law; Legal History

Publications

Authored Books

Caldwell, Ernest (2018) Writing Chinese Laws: The Form and Function of Legal Statutes Found in the Qin Shuihudi Corpus. Abingdon: New York: Routledge. [Forthcoming]

Articles

Caldwell, Ernest (2018) 'Transitional Justice Legislation in Taiwan Before and During the Tsai Administration'. Washington International Law Journal, (27) 3. [Forthcoming]

Caldwell, Ernest (2017) 'Widening the Constitutional Gap in China and Taiwan: History, Reform, and the Transformation of the Control Yuan'. University of Illinois Law Review, (2017) 2, pp 739-766.

Caldwell, Ernest (2014) 'Social Change and Written Law in Early Chinese Legal Thought'. Law and History Review, (32) 1, pp 1-30.

Caldwell, Ernest (2014) 'Promoting Action in Early Chinese Political Philosophy: A First Look at the Warring States Period Bamboo Manuscript Cao Mie’s Battle Arrays'. Early China, (37), pp 259-289.

Caldwell, Ernest and Chang, Xiangqun and Leoussi, Athena and Whimster, Sam (2014) 'Editorial on Max Weber and China: Culture, Law, and Capitalism'. Max Weber Studies, (14) 2, pp 137-145.

Caldwell, Ernest (2012) 'Horizontal Rights and Chinese Constitutionalism: Judicialization through Labor Disputes'. Chicago-Kent Law Review, (88) 1, pp 63-91.

Caldwell, Ernest and Nardin, Terry (2012) 'Introduction: Methodological Approaches to Asian Constitutionalism'. Chicago-Kent Law Review, (88) 1, pp 3-10.

Edited Books or Journals

Caldwell, Ernest and Chang, Xiangqun and Leoussi, Athena and Whimster, Sam, (eds.), (2014) Max Weber and China: Culture, Law, and Capitalism, Part 1. Special Issue of Max Weber Studies 14.1. Berlin: Quotus Publishing.

Caldwell, Ernest and Chang, Xiangqun and Leoussi, Athena and Whimster, Sam, (eds.), (2014) Max Weber and China: Culture, Law, and Capitalism, Part 2. Special Issue of Max Weber Studies 14.2. Berlin: Quotus Publishing.

Caldwell, Ernest and Nardin, Terry, (eds.), (2012) Methodological Approaches to Asian Constitutionalism. Symposium Issue of the Chicago-Kent Law Review. Chicago: Chicago-Kent College of Law, Illinois Institute of Technology.

Book Chapters

Caldwell, Ernest (2018) 'The Control Yuan and Human Rights in Taiwan: Towards the Development of a National Human Rights Institution?'. In: Alford, William and Cohen, Jerome and Lo, Chang-fa, (eds.), International Human Rights Performance: Taiwan in Regional and International Contexts. Springer. [Forthcoming]

Caldwell, Ernest (2017) 'Chinese Constitutionalism: Five-Power Constitution'. In: Grote, Rainer and Lachenmann, Frauke and Wolfrum, Rüdiger, (eds.), Max Planck Encyclopedia of Comparative Constitutional Law. Oxford: Oxford University Press.

Caldwell, Ernest (2015) 'Opportune Moments in Early Chinese Strategic Thought: The Concept of ji 機 in the Warring States Period Bamboo Manuscript Cao Mie’s Battle Arrays'. In: Lorge, Peter and Roy, Kaushik, (eds.), Chinese and Indian Warfare: The Classical Age to 1870. London: Routledge, pp 17-31.

Book Reviews

Caldwell, Ernest (2014) 'Review of Mike MacConville and Eva Pils eds., 'Comparative Perspectives on Criminal Justice in China''. China Quarterly, (216), pp 1078-1080.

Caldwell, Ernest (2011) 'Review of Wong Yun-Bor. Autonomy and Protection of Fundamental Rights in the Hong Kong Special Administrative Region'. Asian Journal of International Law, (1) 2, pp 423-424.

Other

Caldwell, Ernest (2015) 'Visualising Constitutionalism in China (Online)' Law and Development: Thinking Into / About Practice. University of Kent Law School.

 

This list was last generated on Sunday, 21st January 2018, 20:24 Europe/London.