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East Asian Law Universal Norms and Local Cultures 1st Edition by Lucie Cheng ISBN 0415297354 9780415297356

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Author(s): Lucie Cheng
ISBN(s): 9780415297356, 0415297354
Edition: 1st
File Details: PDF, 2.35 MB
Year: 2002
Language: english
SKU: EB-1853666 Categories: , Tag:

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ISBN 10: 0415297354 
ISBN 13: 9780415297356
Author: Lucie Cheng

This work explores the tension in East Asia between the trend towards a convergence of legal practices in the direction of a universal model and a reassertion of local cultural practices. The trend towards convergence arises in part from ‘globalisation’, from ‘rule of law programs’ promulgated by institutions such as the International Monetary Fund and the Asian Development Bank, and from widespread migration in the region, whilst the opposing trend arises in part from moves to resist such ‘globalisation’. This book explores a wide range of issues related to this key problem, covering China in particular, where resolving differences in conceptions about the rule of law is a key issue as China begins to integrate itself into the World Trade Organisation regime.

East Asian Law Universal Norms and Local Cultures 1st Table of contents:

1 Finding a role for law in asian development
Introduction
The role of law and culturally embedded identities in Asian development
Law, national identity and migrant labor
Legal institutions, world norms and culturally embedded practices
Conclusion: bringing universal norms and local practices together
Notes
2 Property rights and indigenous tradition among early twentieth century Japanese firms
Corporate investment
Legal structure and growth
the role of government—the ibj example
Law and custom
Conclusions
Notes
3 Markets, democracy and ethnicity
The paradox of free market democracy
The link between markets and ethnicity
Paradox unleashed: markets, democracy and ethnonationalist conflict
Law, culture and development
Notes
4 Competing conceptions of ‘rule of law’ in china
Four ideal types: statist socialist, neo-authoritarian, communitarian, liberal democratic
The economic regime
The political order
Perspective on rights
Purposes of rule of law
Institutions and practices
Rules
Conclusion
Notes
5 Transnational labor, citizenship and the taiwan state
Introduction
The state-building project and ideologies of incorporation
Nation and state in Chinese discourse
Migrant (foreign) labor in Taiwan
Demographics of foreign labor
Background on the importation of foreign labor
The legalization of foreign labor
Supplementary or alternative labor
State, employer and wailao rights
Laws and bureaucratic practices: mutually reinforcing or contradicting?
Migrant identity, state-building ideology and rights
Conclusion
Notes
6 ‘US’ and ‘them’ in Korean law
Introduction
Nationals, ‘overseas compatriots’ and aliens
Foreigners in the labor market
Ethnic Chinese residents
Gender and nationality
Epilogue
Postscript
Notes
7 Internal migrants and the challenge of the ‘floating population’ in the PRC
A bit of background
Nationalism and localism; citizenship and foreignness
Subcommunity and officialdom
The rhetoric and the reality of rights
Socialist superstructure and capitalist base
Conclusion: market and law
Notes
8 The historical roots of stasis and change in Japanese legal education
The present legal education and the need for reform
The structure of the legal profession
Genesis of the modern judicial system: nation-building struggles
Establishing a central government within an ancient legal framework
Formation of a unified judicial system
The formation of the legal profession and legal education
Conclusion
Notes
References
9 Of lawyers lost and found
The growth of the Chinese legal profession
Why observers misunderstand the development of the Chinese legal profession
The challenge of thinking about lawyers in the PRC
Notes
10 Chinese courts and law reform in post-mao China
The growing activity of the courts
Continuing problems
Curbing bureaucratic discretion
Constraints on judicial autonomy
Adjudication with Chinese characteristics
Forces in Chinese society affecting legal reform
Chinese legal culture: continuity and change
The uncertain future of Chinese law reform

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Tags: Lucie Cheng, East Asian, Law Universal