1st Edition

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

Edited By Kanishka Jayasuriya Copyright 1999

    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.

    List of contributors, Series editor’s preface, Preface, 1 Introduction: a framework for the analysis of legal institutions in East Asia, 2 The many meanings of the rule of law, 3 Politics postponed: law as a substitute for politics in Hong Kong and China, 4 Market economy and the internationalisation of civil and commercial law in the People’s Republic of China, 5 The political economy of institutional reform in Indonesia: the case of intellectual property law, 6 Law and development in ‘the market place’: an East Asian perspective, 7 The rule of law and corporate insolvency in six Asian legal systems, 8 Corporatism and judicial independence within statist legal institutions in East Asia, 9 Between law and politics: the Malaysian judiciary since independence, 10 Magic memos, collusion and judges with attitude: notes on the politics of law in contemporary Indonesia, 11 A community changes: Taiwan’s Council of Grand Justices and Liberal Democratic reform, 12 ‘Independence’ and the judiciary in the PRC: expectations for constitutional legality in China, 13 Vietnamese legal institutions in comparative perspective: contemporary constitutions and courts considered, Index

    Biography

    Kanishka Jayasuriya