ABSTRACT

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.

chapter 1|23 pages

Introduction

A framework for the analysis of legal institutions in East Asia

chapter 3|20 pages

Politics Postponed

Law as a substitute for politics in Hong Kong and China

chapter 5|20 pages

The Political Economy of Institutional Reform in Indonesia

The case of intellectual property law *

chapter 6|28 pages

Law and Development in ‘The Market Place’

An East Asian perspective

chapter 9|25 pages

Between Law and Politics

The Malaysian judiciary since independence *

chapter 10|17 pages

Magic Memos, Collusion and Judges with Attitude

Notes on the politics of law in contemporary Indonesia

chapter 11|24 pages

A Community Changes

Taiwan's Council of Grand Justices and Liberal Democratic reform

chapter 12|17 pages

‘Independence’ and the Judiciary In The PRC

Expectations for constitutional legality in China *

chapter 13|26 pages

Vietnamese Legal Institutions in Comparative Perspective

Contemporary constitutions and courts considered