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The rule of law and capitalism in East Asia

Jayasuriya, K. (1996) The rule of law and capitalism in East Asia. The Pacific Review, 9 (3). pp. 367-388.

Link to Published Version: http://dx.doi.org/10.1080/09512749608719192
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Abstract

This article explores the relationship between the emergence of the rule of law and the growth of capitalism in East Asia. The basic argument is that legal institutions in East Asia are embedded in the system of state‐dominated corporatist capitalism of East Asia. This distinctive form of capitalism has produced a system of law and legalism that needs to be clearly distinguished from the orthodox model of liberal legalism that underpins the conventional Weberian model. This authoritarian and statist legalism of East Asia is characterized by two main features: first, the legal subject is constituted in terms of the enterprise or institution rather than the legal person (natural or juristic); and second, law is used as a technique of rule to implement the policy objectives or goals of the state. Therefore, East Asian legalism is characterized by rule through law rather than the rule of law.

Publication Type: Journal Article
Murdoch Affiliation: Asia Research Centre
Publisher: Routledge
URI: http://researchrepository.murdoch.edu.au/id/eprint/19076
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