Law, Capitalism and Power in Asia: The Rule of Law and Legal Institutions
Routledge, Jun 19, 2006 - Social Science - 360 pages
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.
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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 Úlites 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