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

Front Cover
Kanishka Jayasuriya
Psychology Press, 1999 - Political Science - 345 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

The many meanings of the rule of law
28
Politics postponedt law as a substitute for politics
45
Market economy and the internationalisation
69
The political economy of institutional reform
95
Law and development in the market placet
118
Asian legal systems
151
Corporatism and judicial independence within
173
Between law and politicst the Malaysian judiciary
205
Magic memos collusion and judges with attitudet
233
1l A community changest Taiwans Council
253
Independence and the judiciary in the PRCt
281
Vietnamese legal institutions in comparative
300
Index
330
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