Law, Capitalism and Power in Asia: The Rule of Law and Legal InstitutionsKanishka Jayasuriya A challenging and provocative book that contests the liberal assumption that the rule of law will go hand in hand with a transition to market-based economies and even democracy in East Asia. Using case studies from Hong Kong, China, Indonesia, Malaysia, Taiwan, Japan and Vietnam, the authors argue that the rule of law is in fact more likely to provide political elites with the means closely to control civil society. It is essential, therefore, to locate conceptions of judicial independence and the rule of law more generally within the ideological vocabulary of the state. |
Contents
A framework for the analysis of legal institutions in East Asia | 1 |
2 The many meanings of the rule of law | 24 |
Law as a substitute for politics in Hong Kong and China | 38 |
4 Market economy and the Internationalisation of civil and commercial law in the peoples republic of china | 58 |
The case of intellectual property law | 80 |
An east Asian perspective | 100 |
7 The rule of law and corporate insolvency in six Asian legal systems | 128 |
8 Corporatism and jjudical independence within statist legal institutions in East Asia | 147 |
Other editions - View all
Common terms and phrases
Administrative Court analysis approach argued Article Asian authoritarian autonomy bureaucratic capitalism chapter Chinese law civil law civil society colonial commercial Committee Communist Comparative Law conceptions context corporatism corporatist Council countries court system cultural decision Democracy democratic East Asia economic development élites emergence established example executive Faxue foreign function government’s Grand Justices Hong Kong ideology implementing important Indonesia Indonesian government insolvency law intellectual property intellectual property law interests interpretation issues Jayasuriya Journal judges judicial independence judicial review judiciary Kong’s lawyers legal institutions legal reform legal system legal transplant legislation liberal liberal democratic Lim Kit Siang Malaysia modernisation National neo-liberal Nguyen officials organisations Pancasila Party political practice President produce protection provides regime regulation relationship role rule of law Salleh Abas Singapore social socialist market economy Soeharto structures Supreme Court Supreme People’s Court Taiwan theory University Press Vietnam Vietnamese Western