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

by Jayasuriya,Kanishka

• ISBN13: 9780415197434
• ISBN10: 0415197430
• eBook ISBN(s): 9781134738250
• Format: Nonspecific Binding
• Copyright: 1999-01-07
• Publisher: Routledge

Summary

The contributors contest the liberal assumption that the rule of law will go hand in hand with a transition to market-based economies and democracy in East Asia. Using case studies from Hong Kong, China, Indonesia, Malaysia, Taiwan, Japan and Vietnam, they argue that the rule of law is in fact more likely to provide political elites with the means to control civil society.

Author Biography

David Bourchier is a Research Fellow at the Asia Research Centre, Murdoch University Jianfu Chen is a Senior Lecturer in Law and Legal Studies, La Trobe University, and a Senior Researcher (part-time) at the Van Vollenhovenm Institute for Law and Administration in Non-Western Countries, Faculty of Law, Leiden University, The Netherlands David Clark is Associate Professor at Flinders University Sean Cooney is a Lecturer in the Law School, University of Melbourne, and a member of that university's Asian Law Centre Mark Findlay is Professor and Head of the Department of Law and Deputy Director of the Institute of Criminology, University of Sydney. He is also an adjunct Professor at the School of Criminology, Simon Fraser University John Gillespie is a Senior Lecturer at the Law School, Deakin University, Melbourne, Australia Kanishka Jayasuriya is a Senior Research Fellow at the Asia Research Centre of the Department of Politics and International Studies, Murdoch University Carol Jones is currently a Visiting Fellow at the Research School of Social Sciences, Division of Philosophy and Law, Australian National University Bahrin Kamarul is a Senior Lecturer in Law at the University of Canberra Khoo Boo Teik is a Lecturer in the School of Social Sciences, Universiti Sains Malaysia, Penang Penelope Nicholson is a graduate of the University of Melbourne and is currently completing a doctorate at the Law school of the University of Melbourne Andrew Rosser is a Lecturer in Politics and International Studies as well as a member of the Asia Research Centre of Murdoch University Roman Tomasic is Professor of Law and Director of the National Centre for Corporate Law and Policy Research at the University of Canberra

Table of Contents

List of contributors	vii
Series editor's preface	x
Preface	xii
Introduction: a framework for the analysis of legal institutions in East Asia	1	(27)
Kanishka Jayasuriya
The many meanings of the rule of law	28	(17)
David Clark
Politics postponed: law as a substitute for politics in Hong Kong and China	45	(24)
Carol Jones
Market economy and the internationalisation of civil and commercial law in the People's Republic of China	69	(26)
Jianfu Chen
The political economy of institutional reform in Indonesia: the case of intellectual property law	95	(23)
Andrew Rosser
Law and development in `the market place': an East Asian perspective	118	(33)
John Gillespie
The rule of law and corporate insolvency in six Asian legal systems	151	(22)
Bahrin Kamarul
Roman Tomasic
Corporatism and judicial independence within statist legal institutions in East Asia	173	(32)
Kanishka Jayasuriya
Between law and politics: the Malaysian judiciary since independence	205	(28)
Khoo Boo Teik
Magic memos, collusion and judges with attitude: notes on the politics of law in contemporary Indonesia	233	(20)
David Bourchier
A community changes: Taiwan's Council of Grand Justices and Liberal Democratic reform	253	(28)
Sean Cooney
`Independence' and the judiciary in the PRC: expectations for constitutional legality in China	281	(19)
Mark Findlay
Vietnamese legal institutions in comparative perspective: contemporary constitutions and courts considered	300	(30)
Penelope Nicholson
Index	330