Law, Capitalism and Power in Asia

Law, Capitalism and Power in Asia PDF

Author: Kanishka Jayasuriya

Publisher: Routledge

Published: 2006-06-19

Total Pages: 364

ISBN-13: 1134738250

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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.

Law & Capitalism

Law & Capitalism PDF

Author: Curtis J. Milhaupt

Publisher: University of Chicago Press

Published: 2008-09-15

Total Pages: 281

ISBN-13: 0226525295

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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.

Civil Law Reforms in Post-Colonial Asia

Civil Law Reforms in Post-Colonial Asia PDF

Author: Yuka Kaneko

Publisher: Springer

Published: 2019-03-13

Total Pages: 180

ISBN-13: 9811362033

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This book focuses on the legal systems of the late-developing countries of ASEAN (Cambodia, Laos, Myanmar, and Vietnam, often referred to as the CLMV countries). These nations are apt to be placed in an economically disadvantageous situation within the opportunity of communalization of legal systems being advanced by the ASEAN Economic Community (AEC) launched in 2015, and the book clarifies the dynamics of the changes within these legal systems. Concurrently, there is an intention to analyze the “legal system development support” that has continued to be provided to these countries since the mid-1990s via international development support from international organizations and developed countries including Japan. In particular, the emphasis has been on the area of civil law, where the main subject of Japan’s support has been centered on the civil code and civil procedure code. The legal system of the recipient country is complicated by the crisscrossing of the remnants of previous eras, from the inherent laws that have existed since before colonization, the laws of the colonial powers that were introduced during the colonial era (French law in Cambodia, Laos, and Vietnam; English law in Myanmar), the influence of socialist law after independence from colonization, and the path of modern industrialization and development, such that one country's legal system is the combination of all of these influences. For the reader to understand the dynamics of these changing laws, each chapter of the book combines two methodological perspectives. The first is to ascertain the spatial range as to how far the civil law extends across social phenomena. The second is a historical perspective in which the trends in legal changes will be understood on a time axis.

Law, Capitalism and Power in Asia

Law, Capitalism and Power in Asia PDF

Author: Kanishka Jayasuriya

Publisher: Routledge

Published: 2006-06-19

Total Pages: 326

ISBN-13: 1134738269

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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.

Tea War

Tea War PDF

Author: Andrew B. Liu

Publisher: Yale University Press

Published: 2020-04-14

Total Pages: 359

ISBN-13: 0300252331

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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.

Socialist Law in Socialist East Asia

Socialist Law in Socialist East Asia PDF

Author: Hualing Fu

Publisher: Cambridge University Press

Published: 2018-07-05

Total Pages: 463

ISBN-13: 1108424813

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A fresh perspective on socialist law as practiced in China and Vietnam, two major socialist states.

China’s Crony Capitalism

China’s Crony Capitalism PDF

Author: Minxin Pei

Publisher: Harvard University Press

Published: 2016-10-03

Total Pages: 376

ISBN-13: 0674737296

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China’s efforts to modernize yielded a kleptocracy characterized by corruption, wealth inequality, and social tensions. Rejecting conventional platitudes about the resilience of Party rule, Minxin Pei gathers unambiguous evidence that beneath China’s facade of ever-expanding prosperity and power lies a Leninist state in an advanced stage of decay.

Capitalism with Chinese Characteristics

Capitalism with Chinese Characteristics PDF

Author: Yasheng Huang

Publisher: Cambridge University Press

Published: 2008-09-01

Total Pages: 560

ISBN-13: 1139475134

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Presents a story of two Chinas – an entrepreneurial rural China and a state-controlled urban China. In the 1980s, rural China gained the upper hand. In the 1990s, urban China triumphed. In the 1990s, the Chinese state reversed many of its rural experiments, with long-lasting damage to the economy and society. A weak financial sector, income disparity, rising illiteracy, productivity slowdowns, and reduced personal income growth are the product of the capitalism with Chinese characteristics of the 1990s and beyond. While GDP grew quickly in both decades, the welfare implications of growth differed substantially. The book uses the emerging Indian miracle to debunk the widespread notion that democracy is automatically anti-growth. As the country marked its 30th anniversary of reforms in 2008, China faces some of its toughest economic challenges and substantial vulnerabilities that require fundamental institutional reforms.

The Myth of Chinese Capitalism

The Myth of Chinese Capitalism PDF

Author: Dexter Roberts

Publisher: Macmillan + ORM

Published: 2020-03-10

Total Pages: 183

ISBN-13: 1250089387

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The untold story of how restrictive policies are preventing China from becoming the world’s largest economy Dexter Roberts lived in Beijing for two decades working as a reporter on economics, business and politics for Bloomberg Businessweek. In The Myth of Chinese Capitalism, Roberts explores the reality behind today’s financially-ascendant China and pulls the curtain back on how the Chinese manufacturing machine is actually powered. He focuses on two places: the village of Binghuacun in the province of Guizhou, one of China’s poorest regions that sends the highest proportion of its youth away to become migrants; and Dongguan, China’s most infamous factory town located in Guangdong, home to both the largest number of migrant workers and the country’s biggest manufacturing base. Within these two towns and the people that move between them, Roberts focuses on the story of the Mo family, former farmers-turned-migrant-workers who are struggling to make a living in a fast-changing country that relegates one-half of its people to second-class status via household registration, land tenure policies and inequality in education and health care systems. In The Myth of Chinese Capitalism, Dexter Roberts brings to life the problems that China and its people face today as they attempt to overcome a divisive system that poses a serious challenge to the country’s future development. In so doing, Roberts paints a boot-on-the-ground cautionary picture of China for a world now held in its financial thrall. Dexter Roberts is an award-winning journalist and a regular commentator on the U.S.-China trade and political relationship. His prior speaking engagements include traditional news media outlets (NPR, Fox News, CNN International) as well as universities and institutes (George Washington University, Council on Foreign Relations, and the Overseas Press Club). He is available for virtual classroom visits to courses that adopt The Myth of Chinese Capitalism. Please contact [email protected] for more information.