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

Front Cover
Kanishka Jayasuriya
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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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
The malaysian judiciary since independence
174
Notes on the politics of law in contemporary Indonesia
199
Taiwans council of Grand justices and liberal democratic reform
216
Expectations for constitutional legality in China
240
Contemporary constitutions and courts considered
257
Index
283
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