Law Capitalism And Power In Asia
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Author | : Kanishka Jayasuriya |
Publisher | : Routledge |
Total Pages | : 364 |
Release | : 2006-06-19 |
Genre | : Social Science |
ISBN | : 1134738250 |
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.
Author | : Kanishka Jayasuriya |
Publisher | : Routledge |
Total Pages | : 326 |
Release | : 2006-06-19 |
Genre | : Social Science |
ISBN | : 1134738269 |
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.
Author | : Curtis J. Milhaupt |
Publisher | : University of Chicago Press |
Total Pages | : 281 |
Release | : 2008-09-15 |
Genre | : Law |
ISBN | : 0226525295 |
Recent high-profile corporate scandals—such as those involving Enron in the United States, Yukos in Russia, and Livedoor in Japan—demonstrate challenges to legal regulation of business practices in capitalist economies. Setting forth a new analytic framework for understanding these problems, Law and Capitalism examines such contemporary corporate governance crises in six countries, to shed light on the interaction of legal systems and economic change. This provocative book debunks the simplistic view of law’s instrumental function for financial market development and economic growth. Using comparative case studies that address the United States, China, Germany, Japan, Korea, and Russia, Curtis J. Milhaupt and Katharina Pistor argue that a disparate blend of legal and nonlegal mechanisms have supported economic growth around the world. Their groundbreaking findings show that law and markets evolve together in a “rolling relationship,” and legal systems, including those of the most successful economies, therefore differ significantly in their organizational characteristics. Innovative and insightful, Law and Capitalism will change the way lawyers, economists, policy makers, and business leaders think about legal regulation in an increasingly global market for capital and corporate governance.
Author | : Christoph Antons |
Publisher | : Routledge |
Total Pages | : 661 |
Release | : 2017-07-05 |
Genre | : History |
ISBN | : 1351560719 |
The massive and complex process of change in East Asia over recent decades has brought about a transformation in the nature of law and legal institutions in the region. Whilst the process of change has to some degree mimicked western models of law and legal change, there have been significant differences in approach due to the different social foundations of East Asian societies. The more obvious of these has been the variety of ways in which rule of law ideas have been adopted in many East Asian countries where the role of the state is more dominant when compared with Western models. This volume brings together a selection of the most important writings on East Asia of researchers in recent years, and shows the broad range of questions which researchers have been addressing about the effect of law reform and legal change in societies dominated by traditional values and political forces, and at a time of massive economic change.
Author | : Roman Tomasic |
Publisher | : Routledge |
Total Pages | : 562 |
Release | : 2017-07-05 |
Genre | : History |
ISBN | : 1351571540 |
The shift of economic gravity towards East Asia requires a critical examination of law's role in the Asian Century. This volume explores the diverse scholarly perspectives on law's role in the economic rise of East Asia and moves from general debates, such as whether law enjoys primacy over culture, state intervention or free markets in East Asian capitalism, to specific case studies looking at the nature of law in East Asian negotiations, contracts, trade policy and corporate governance. The collection of articles exposes the clefts and cleavages in the scholarly literature explaining law's form, function and future in the Asian Century.
Author | : |
Publisher | : BRILL |
Total Pages | : 295 |
Release | : 2023-08-28 |
Genre | : Political Science |
ISBN | : 9004524266 |
During the second half of the twentieth century the countries of East Asia saw one of the most remarkable transformations in human history, from relatively poor societies to global powerhouses of accumulation, proletarianisation and mega-urbanisation. This volume features Marxist scholars from East Asia and Europe who are pioneering a new approach to this transformation using the theory of state capitalism. The essays analyse the histories of countries on either side of the Cold War divide within the broader framework of twentieth century global capitalist expansion, while at the same time offering a sophisticated critique of Developmental State Theory. Contributors are: Tobias ten Brink, Gareth Dale, Jeong Seongjin, Michael Haynes, Kim Ha-young, Kim Yong-uk, Lee Jeong-goo, and Owen Miller
Author | : Yuka Kaneko |
Publisher | : Springer |
Total Pages | : 180 |
Release | : 2020-08-15 |
Genre | : Law |
ISBN | : 9789811362057 |
This book focuses on the legal systems of the late-developing countries of ASEAN (Cambodia, Laos, Myanmar, and Vietnam, often referred to as the CLMV countries). These nations are apt to be placed in an economically disadvantageous situation within the opportunity of communalization of legal systems being advanced by the ASEAN Economic Community (AEC) launched in 2015, and the book clarifies the dynamics of the changes within these legal systems. Concurrently, there is an intention to analyze the “legal system development support” that has continued to be provided to these countries since the mid-1990s via international development support from international organizations and developed countries including Japan. In particular, the emphasis has been on the area of civil law, where the main subject of Japan’s support has been centered on the civil code and civil procedure code. The legal system of the recipient country is complicated by the crisscrossing of the remnants of previous eras, from the inherent laws that have existed since before colonization, the laws of the colonial powers that were introduced during the colonial era (French law in Cambodia, Laos, and Vietnam; English law in Myanmar), the influence of socialist law after independence from colonization, and the path of modern industrialization and development, such that one country's legal system is the combination of all of these influences. For the reader to understand the dynamics of these changing laws, each chapter of the book combines two methodological perspectives. The first is to ascertain the spatial range as to how far the civil law extends across social phenomena. The second is a historical perspective in which the trends in legal changes will be understood on a time axis.
Author | : Michael A. Witt |
Publisher | : Oxford University Press, USA |
Total Pages | : 754 |
Release | : 2014 |
Genre | : Business & Economics |
ISBN | : 0199654921 |
The Handbook explores institutional variations across the political economies of different societies within Asia. It includes empirical analysis of 13 major Asian business systems between India and Japan, and examines these in a comparative, historical, and theoretical context.
Author | : Ntina Tzouvala |
Publisher | : Cambridge University Press |
Total Pages | : 277 |
Release | : 2020-10-29 |
Genre | : Law |
ISBN | : 1108497187 |
Using the theoretical tools drawn from historical materialism and deconstruction, Tzouvala offers a comprehensive history of the standard of civilisation.
Author | : Michael W. Dowdle |
Publisher | : |
Total Pages | : 376 |
Release | : 2013 |
Genre | : Antitrust law |
ISBN | : 9781107236837 |
Explores the implications of Asian forms of capitalism for the emerging global competition law regime.