Law, Capitalism and Power in Asia: The Rule of Law and Legal Institutions (Asian Capitalisms)

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. Book Cover......Page 1 Half-Title......Page 2 Series-Title......Page 3 Title......Page 4 Copyright......Page 5 Contents......Page 6 Contributors......Page 8 Series editor's preface......Page 10 Preface......Page 12 1 Introduction: A framework for the analysis of legal institutions in East Asia......Page 14 2 The many meanings of the rule of law......Page 37 3 Politics postponed: Law as a substitute for politics in Hong Kong and China......Page 51 4 Market economy and the Internationalisation of civil and commercial law in the people's republic of china......Page 71 5 The political economy of institutional reform in Indonesia: The case of intellectual property law......Page 93 6 Law and development in 'The maarket place': An east Asian perspective......Page 113 7 The rule of law and corporate insolvency in six Asian legal systems......Page 141 8 Corporatism and jjudical independence within statist legal institutions in East Asia......Page 160 9 Between law and politics: The malaysian judiciary since independence......Page 187 10 Magic memos, collusion and judges with attitude: Notes on the politics of law in contemporary Indonesia......Page 212 11 A community changes: Taiwan's council of Grand justices and liberal democratic reform......Page 229 12 'Independence' and the judiciary in the PRC: Expectations for constitutional legality in China......Page 253 13 Vietnamese legal institutions in comparative perspective: Contemporary constitutions and courts considered......Page 270 Index......Page 296 Consider this paradox: liberal democracy is constantly derided by political elites in many East Asian states as 'western' and 'liberal'; at the same time the 'western' and 'liberal' idea of the rule of law finds a receptive audience amongst state officials, policy makers and academics. This study argues that the liberal notion of the rule of law regulating the exercise of power is unlikely to come about in much of southeastern Asia. The book asserts that it is more likely to promote political elites