Law Capitalism And Power In Asia

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.

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.

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.

A history of capitalism in nineteenth‑ and twentieth‑century China and India that explores the competition between their tea industries “Tea War is not only a detailed comparative history of the transformation of tea production in the 19th and early 20th centuries, but it also intervenes in larger debates about the nature of capitalism, global modernity, and global history.”— Alexander F. Day, Occidental College Tea remains the world’s most popular commercial drink today, and at the turn of the twentieth century, it represented the largest export industry of both China and colonial India. In analyzing the global competition between Chinese and Indian tea, Andrew B. Liu challenges past economic histories premised on the technical “divergence” between the West and the Rest, arguing instead that seemingly traditional technologies and practices were central to modern capital accumulation across Asia. He shows how competitive pressures compelled Chinese merchants to adopt abstract industrial conceptions of time, while colonial planters in India pushed for labor indenture laws to support factory-style tea plantations. Characterizations of China and India as premodern backwaters, he explains, were themselves the historical result of new notions of political economy adopted by Chinese and Indian nationalists, who discovered that these abstract ideas corresponded to concrete social changes in their local surroundings. Together, these stories point toward a more flexible and globally oriented conceptualization of the history of capitalism in China and India.

More than a decade ago, before globalization became a buzzword, Yves Dezalay and Bryant G. Garth established themselves as leading analysts of how that process has shaped the legal profession. Drawing upon the insights of Pierre Bourdieu, Asian Legal Revivals explores the increasing importance of the positions of the law and lawyers in South and Southeast Asia. Dezalay and Garth argue that the current situation in many Asian countries can only be fully understood by looking to their differing colonial experiences—and in considering how those experiences have laid the foundation for those societies’ legal profession today. Deftly tracing the transformation of the relationship between law and state into different colonial settings, the authors show how nationalist legal elites in countries such as India, Indonesia, Malaysia, the Philippines, Singapore, and South Korea came to wield political power as agents in the move toward national independence. Including fieldwork from over 350 interviews, Asian Legal Revivals illuminates the more recent past and present of these legally changing nations and explains the profession’s recent revival of influence, as spurred on by American geopolitical and legal interests.

This book brings together scholars of political economy, law and sociology to interrogate the seemingly unproblematic notions - the rules of law, good corporate governance, and flexible labour market - that inform neoliberal policy prescriptions. It also discusses how these concepts have been translated and practiced in East Asia.

Asian Capitalism and the Regulation of Competition explores the implications of Asian forms of capitalism and their regulation of competition for the emerging global competition law regime. Expert contributors from a variety of backgrounds explore the topic through the lenses of formal law, soft law and transnational regulation, and make extensive comparisons with Euro-American and global models. Case studies include Japan, China and Vietnam, and thematic studies include examinations of competition law's relationship with other regulatory terrains such as public law, market culture, regulatory geography and transnational production networks.