East Asian Law: Universal Norms and Local Cultures

ISBN-13: 9780415297356 / Angielski / Twarda / 2002 / 256 str.

Lucie Cheng; Arthur Rosett; Margaret Woo

Opis

This book explores the tension in East Asia between, on the one hand, the trend towards a convergence of legal practices in the direction of a universal model, and, on the other hand, a reassertion of local cultural practices, including those which define different group identities, and which give substance to different ideas about what constitutes justice. The trend towards convergence arises in part from globalisation, from rule of law programs promulgated by institutions such as the International Monetary Fund and the Asian Development Bank, who are keen to ensure a reasonable level of global conformity in the legal underpinnings of commercial activity, and from widespread migration in the region, whilst the opposing trend arises in part from moves to resist such globalisation. This book explores a wide range of issues related to this key problem, covering especially well China, where resolving differences in conceptions about the rule of law is a key issue as China begins to integrate itself into the World Trade Organisation regime.

Spis treści

1. Finding a Role for Law In Asian Development Lucie Cheng, Margaret Y.K Woo and Arthur Rosett 2. Property Rights and Indigenous Tradition Among Early 20th Century Japanese Firms Yoshiro Miwa and J. Mark Ramseyer 3. Markets, Democracy and Ethnicity Amy L. Chua 4. Competing Conceptions of Rule of Law in China Randall Peerenboom 5. Transnational Labour, Citizenship and the Taiwan State Lucie Cheng 6. 'Us' and 'Them' in Korean Law: The Creation, Accommodation and Exclusion of Outsiders in South Korea Chulwoo Lee 7. Internal Migrants and the Challenge of the 'Floating' Population in the PRC Dorothy J. Solinger 8. Historical Roots of Stasis and Change in Japanese Legal education Kahei Rokumoto 9. Of Lawyers Lost and Found: Searching for Legal Professionalism in the People's Republic of China William P. Alford 10. Chinese Courts and Law Reform in Post-Mao China Stanley Lubman

O autorze

Lucie Cheng is professor of Sociology and Urban Planning at the University of California, Los Angeles. She is the Founding Dean of the School of Social Transformation Studies, Shih Hsin University, Taipei; and Permanent Visiting Professor of International Relations, Nankai University, Tainjin. Arthur Rosett has been Professor of Law at the University of California, Los Angeles School of Law (UCLA) since 1967. For more than twenty years he has taught a variety of Asian Law courses as well as contract law and international business transactions. Margaret Y.K. Woo is a Professor of Law at Northeastern University School of Law. In 1997, she was named the law school's distinguished Professor of Public Policy. She was formerly a Fellow a the Bunting Institute of Radcliffe College and presently, an Associate in Research at East Asian Legal Studies Centre of Harvard Law School and the Fairbank Centre of Harvard College.