Law and Legal Institutions of Asia

Law and Legal Institutions of Asia
Author: E. Ann Black
Publisher: Cambridge University Press
Total Pages: 429
Release: 2011-03-10
Genre: Law
ISBN: 1139495836

The study of Asia and its plural legal systems is of increasing significance, both within and outside Asia. Lawyers, whether in Australia, America or Europe, or working within an Asian jurisdiction, require a sound knowledge of how the law operates across this fast-growing and diverse region. Law and Legal Institutions of Asia is the first book to offer a comprehensive assessment of eleven key jurisdictions in Asia - China, Hong Kong, Taiwan, Japan, Korea, Vietnam, Malaysia, Indonesia, Brunei Darussalam, Singapore and the Philippines. Written by academics and practitioners with particular expertise in their state or territory, each chapter uses a breakthrough approach, facilitating cross-jurisdictional comparisons and giving essential insights into how law functions in different ways across the region and in each of the individual jurisdictions.

Law, Capitalism and Power in Asia

Law, Capitalism and Power in Asia
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.

The Role of Law and Legal Institutions in Asian Economic Development, 1960-1995

The Role of Law and Legal Institutions in Asian Economic Development, 1960-1995
Author: Katharina Pistor
Publisher: Oxford University Press, USA
Total Pages: 316
Release: 1999
Genre: Business & Economics
ISBN:

"This book suggests that, far from being irrelevant, law made an important contribution to the "East Asian miracle." The findings in the book show that, with the introduction of market-based economic policies, law and legal institutions tended to converge with economic development among the six economies and with the institutions of the West, although the extent of convergence differs from country to country and for different areas of the law."--BOOK JACKET.

Comparative Law in a Global Context

Comparative Law in a Global Context
Author: Werner F. Menski
Publisher: Cambridge University Press
Total Pages: 565
Release: 2006-03-30
Genre: Law
ISBN: 1139452711

Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.

Legal Traditions in Asia

Legal Traditions in Asia
Author: Janos Jany
Publisher: Springer Nature
Total Pages: 492
Release: 2020-04-08
Genre: Law
ISBN: 3030437280

This book offers a comparative analysis of traditional Asian legal systems. It combines methods from legal history, legal anthropology, legal philosophy, and substantive law, pursuing a comprehensive approach that offers readers a broad perspective on the topic. The geographic regions covered include the Near East, Middle East, Central Asia, India, China, Japan, and Southeast Asia. For each region, the book first provides historical and political context. Next, it discusses major milestones in the region’s legal history and political institutions, as well as its forms of government. Readers are then presented with fundamental principles and terms needed to understand the legal arguments discussed. The book begins with the Ancient Near East and important topics such as Jewish law. The next part considers Islamic law, while also exploring modern issues. The third part focuses on Hindu and Buddhist law, while the fourth part covers China and Japan. The book’s closing section examines tribal societies, e.g. Mongols, Pashtuns and Malays. Topics covered include the interaction of legal systems within a legal circle, inter-systemic interactions, reasons for the failure and success of legal modernization, legal pluralism, and its effects on Asian societies. Family law, law of obligation, criminal law, and procedural law are also explored.

The Hong Kong Legal System

The Hong Kong Legal System
Author: Stefan H. C. Lo
Publisher: Cambridge University Press
Total Pages: 447
Release: 2020
Genre: Law
ISBN: 1108721826

Offers an accessible overview of Hong Kong's legal system and guides first-year law students in legal research and methods.

Administrative Law and Governance in Asia

Administrative Law and Governance in Asia
Author: Tom Ginsburg
Publisher: Routledge
Total Pages: 395
Release: 2008-10-30
Genre: Law
ISBN: 1135970645

This book examines administrative law throughout Asia, exploring the profound changes in many legal regimes that have occurred. It shows how many states have shifted towards a more market-oriented regulatory state model, involving a greater role for judges and law-like processes, and explores the profound implications of this for policy-making.

Comparative Constitutional Law in Asia

Comparative Constitutional Law in Asia
Author: Rosalind Dixon
Publisher: Edward Elgar Publishing
Total Pages: 365
Release: 2014-02-28
Genre: Law
ISBN: 1781002703

Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here i

Law and Identity in Colonial South Asia

Law and Identity in Colonial South Asia
Author: Mitra Sharafi
Publisher: Cambridge University Press
Total Pages: 369
Release: 2014-04-21
Genre: History
ISBN: 1107047978

This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India's independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seems to have done so earlier or in more pronounced ways than the Parsis.