درباره این کتاب:

This book grows out of a conference held at Kyushu University in 2008, entitled “Law and Development at a Crossroads: Asian Alternatives to Universal Schemes?” As the title suggests, the central theme of the conference was whether it can be said there is an Asian alternative to universal approaches to law and development. The materials contained in this book strongly suggest that Asia writ large presents examples of both convergence and divergence with universal approaches. Those who believe there is an “Asian Way” and that it is radically different from law and development in other parts of the world will find support in the chapters of this book. Likewise, those who believe that the arc of law and development is essentially universal will find material to point in that direction as well. The book may not answer this ultimate question, but this only serves to reflect the rich complexity of Asian law and society. The Rule of Law, as well as the degree to which law per se has played a key role in Asian development, is a central theme of the chapters in this book. Various theories of law and development ranging from neo-liberalism to legal transfer are discussed and analysed in context. The chapters of this book also represent wide geographical coverage dealing with issues of law and development in Japan, Korea, Taiwan, China, Thailand, India, Mongolia, and Singapore. This book is divided into two major sections: “Law and development orthodoxy: Asian challenges”; and “Special topics: institutions and areas of law”. Setting the stage for the debate that forms the core of this book is a short introductory chapter written by David Trubek. He begins by reminding readers of the role legal reform has historically played in both the economic and social development of nations. It was not until the twentieth century, however, that systematic legal reform projects began to take shape as central vehicles for driving development. Trubek identifies three major themes springing up in the second half of the twentieth century. First, law as an instrument to foster economic and social change in developing states. Second, law as a barrier to economic development insofar as “bad” law could impede development. Third, law as a framework for private decision-making, emphasizing the recognition of the critical role to be played by private actors as contrasted with state-led initiatives.