Asian Legal Revivals

by Dezalay, Yves; Garth, Bryant G.

• ISBN13: 9780226144634
• ISBN10: 0226144631
• Format: Paperback
• Copyright: 2010-11-15
• Publisher: Univ of Chicago Pr

Summary

More than a decade ago, before globalization became a buzzword, Yves Dezalay and Bryant G. Garth established themselves as leading analysts of how that process has shaped the legal profession. Drawing upon the insights of Pierre Bourdieu,Asian Legal Revivalsexplores the increasing importance of the positions of the law and lawyers in South and Southeast Asia. Dezalay and Garth argue that the current situation in many Asian countries can only be fully understood by looking to their differing colonial experiencesand in considering how those experiences have laid the foundation for those societies' legal profession today. Deftly tracing the transformation of the relationship between law and state into different colonial settings, the authors show how nationalist legal elites in countries such as India, Indonesia, Malaysia, the Philippines, Singapore, and South Korea came to wield political power as agents in the move toward national independence. Including fieldwork from over 350 interviews,Asian Legal Revivalsilluminates the more recent past and present of these legally changing nations and explains the profession's recent revival of influence, as spurred on by American geopolitical and legal interests.

Author Biography

Yves Dezalay is research director emeritus at the Centre national de la recherche scientifique. Bryant G. Garth is dean and professor of law at Southwestern Law School. They are the coauthors of Dealing in Virtue: International Commercial Arbitration and the Construction of a Transnational Legal Order and The Internationalization of Palace Wars: Lawyers, Economists, and the Contest to Transform Latin American States, also published by the University of Chicago Press.

Table of Contents

Acknowledgments	p. vii
Introduction: Studying Law and Lawyers in Asia	p. 1
Introduction: Geneses of Law and State in Europe and Their Relationship to Colonial Ventures Abroad	p. 19
European Geneses: Models of Law and State Power	p. 21
Expatriates and Traders in Early Colonial State Building in Asia	p. 32
Lawyers and the Construction of U.S. "Anti-Imperialist" Imperialism and a Foreign Policy Elite	p. 49
Strategies for Constructing Legal Professions and Producing New State Elites	p. 63
The British Empire and the Indian Raj: A Legal Elite from Colonial Co-optation to State Independence	p. 65
The American Empire in the Philippines: Building a State and a Legal Elite in the U.S. Image	p. 76
Indonesia, Malaysia, and Singapore: Late and Relatively Weak Colonial Legal Investment Converted into State Leadership. Korea as a Different Model of Weakness	p. 90
Turf Battles of the Cold War: Lawyer-Politicians Challenged by Technocrats as Modernizers	p. 105
Indonesia and South Korea: Marginalizing Legal Elites and Empowering Economists	p. 117
The Philippines and Singapore: Lawyers and the Construction of Authoritarian Regimes	p. 132
India and Malaysia: Resistance of the Legal Elite to Marginalization by Authoritarian Developmental States	p. 148
Merchants of Law as Moral Entrepreneurs	p. 169
Lawyers as Political Champions against Authoritarianism: Relative Successes Exemplified by the Philippines and India	p. 177
Lawyers as Political Champions against Authoritarianism: Relative Failures in Malaysia, Singapore, and Hong Kong	p. 191
Corporate Compradors Doubling as Sponsors of a New Generation of Social Justice Entrepreneurs: Indonesia, Philippines, India, and South Korea	p. 217
Political Investment and the Construction of Legal Markets: Legal, Social, and International Capital in Asian Legal Revivals	p. 247
Works Cited	p. 263
Index	p. 281
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