Legal Traditions in Asia


Book Description

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 Cambridge Companion to Comparative Law


Book Description

The book delves into the 'deeper structures' of the world's legal systems, where law meets culture, politics and socio-economic factors.




Administrative Law and Governance in Asia


Book Description

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.




Law of the Sea in East Asia


Book Description

Law of the Sea in East Asia selects the most prominent maritime legal issues that have emerged since the post-LOS Convention era for a detailed discussion and assessment. The current marine legal order in East Asia is based on the 1982 United Nations Convention on the Law of the Sea (LOS Convention) and accordingly coastal states in the region are obliged to cooperate amongst themselves to exercise their rights and perform their duties. Keyuan, a respected expert in the fields of international and Chinese law, explores issues concerning compliance with the law of the sea, territorial disputes and maritime boundary delimitation, fishery management, safety of navigation and maritime security, and neglected issues in the law of the sea. This is the first book to examine maritime laws in East Asia, and as such will appeal to academics of law and Asian studies, lawyers and policy makers.







Law and Development in East and South-East Asia


Book Description

During the 1980s and 1990s Asian 'developmental states' attracted much attention in political science and economics literature, but the role of law in the economic development was neglected. It was only after the Asian crisis of 1997 that many analysts began to focus on a lack of regulation and transparency as a major factor triggering the crisis. The crucial questions now are how successful the current reforms will be, and which features of the Asian approach to commercial law will be resistant to reform pressures. This book examines the prospects for commercial law reform in Asia, giving particular attention to Japan and Singapore, as frequently cited role models for Asian developmentalism, and also examining development related business laws in countries such as China, Korea, Indonesia, Malaysia, Vietnam and the Philippines.




Emerging Regional Human Rights Systems in Asia


Book Description

Analyses the emerging human rights norms, regional institutions and enforcement mechanisms in Asia.




The World Imagined


Book Description

Taking an inter-disciplinary approach, Spruyt explains the political organization of three non-European international societies from early modernity to the late nineteenth century. The Ottoman, Safavid and Mughal empires; the Sinocentric tributary system; and the Southeast Asian galactic empires, all which differed in key respects from the modern Westphalian state system. In each of these societies, collective beliefs were critical in structuring domestic orders and relations with other polities. These multi-ethnic empires allowed for greater accommodation and heterogeneity in comparison to the homogeneity that is demanded by the modern nation-state. Furthermore, Spruyt examines the encounter between these non-European systems and the West. Contrary to unidirectional descriptions of the encounter, these non-Westphalian polities creatively adapted to Western principles of organization and international conduct. By illuminating the encounter of the West and these Eurasian polities, this book serves to question the popular wisdom of modernity, wherein the Western nation-state is perceived as the desired norm, to be replicated in other polities.




Human Rights in East Asia


Book Description

Postulates three cultural-political models: the Western adversarial model, the Oriental consensual model, and the Oriental Communist model. Argues that while the idea of human rights is universally accepted, the meaning of these rights is culture-specific.