Law, Capitalism and Power in Asia: The Rule of Law and Legal Institutions

ISBN-13: 9780415197434 / Angielski / Miękka / 1998 / 360 str.

Kanishka Jayasuriya

Opis

Many governments in East Asia claim that the rule of law is a distinctive characteristic of their political system. Major multilateral agencies such as the World Bank and the Asian Development Bank spend considerable resources in the provision of legal reform projects. There is an assumption that the rule of law will result in a transition to market-based economies and even democracy, but is this really true for Asia? This text contests that the liberal notion of the rule of law regulating the exercise of power is unlikely to come about in much of East Asia. Indeed, they argue that the rule of law is more likely to provide political elites with the means to more closely control civil society. In this volume, a comparative approach is used to examine the major states of East Asia and civil and common law jurisdiction. The text makes clear that the rule of law needs to be understood in the context of notions of political authority and shows how important it is to locate conceptions of judicial independence and the rule of law more generally within the ideological vocabulary of the state.

Spis treści

List of contributors, Series editor’s preface, Preface, 1 Introduction: a framework for the analysis of legal institutions in East Asia, 2 The many meanings of the rule of law, 3 Politics postponed: law as a substitute for politics in Hong Kong and China, 4 Market economy and the internationalisation of civil and commercial law in the People’s Republic of China, 5 The political economy of institutional reform in Indonesia: the case of intellectual property law, 6 Law and development in ‘the market place’: an East Asian perspective, 7 The rule of law and corporate insolvency in six Asian legal systems, 8 Corporatism and judicial independence within statist legal institutions in East Asia, 9 Between law and politics: the Malaysian judiciary since independence, 10 Magic memos, collusion and judges with attitude: notes on the politics of law in contemporary Indonesia, 11 A community changes: Taiwan’s Council of Grand Justices and Liberal Democratic reform, 12 ‘Independence’ and the judiciary in the PRC: expectations for constitutional legality in China, 13 Vietnamese legal institutions in comparative perspective: contemporary constitutions and courts considered, Index

O autorze

Kanishka Jayasuriya