Asian Discourses of Rule of Law: Theories and Implementation of Rule of Law in Twelve Asian Countries, France and the U.S.

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Randall P. Peerenboom
Psychology Press, 2004 - History - 479 pages
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Rule of law is one of the pillars of the modern world, and widely considered necessary for sustained economic development, the implementation of democracy and the protection of human rights. It has however emerged in Western liberal democracies, and some people question how far it is likely to take root fully in the different cultural, economic and political context of Asia. This book considers how rule of law is viewed and implemented in Asia. Chapters on France and the USA provide a benchmark on how the concept has evolved, is applied and is implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia, and India, which consider all the key aspects of this important issue.
  

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Contents

an introduction and provisional
1
Rule of law in the United States
56
Rule of law in France
79
Competing conceptions of rule of law in China
113
transforming statist
146
Rule of law within a nonliberal communitarian
183
Competing conceptions of rule of law in Malaysia
225
Special Administrative Region 19972002
250
theory and practice
324
from
346
The Philippine People Power Constitution rule of law
371
rhetoric and implementation
385
The effects of rule of law principles in Taiwan
417
Rule of law in Japan
446
Index
475
Copyright

devaluing Asian values rewriting rule of law
286

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About the author (2004)

Randall Peerenboom is a Professor of Law at UCLA Law School. He obtained a B.A. in Philosophy, M.A. in Chinese Religion and Ph.D. in Philosophy before obtaining a J.D. from Columbia Law School. He has written extensively on Chinese law and philosophy. From 1994 to 1998, he practiced law with a major international law firm in Beijing. In addition to advising on various aspects of foreign investment in China, he often serves as an expert witness on PRC legal issues and is Of Counsel at Yiwen Law Firm. He is now working on a study of the relation between culture and human rights; an empirical survey of supervision of the judiciary in the PRC; and a philosophical exploration of a form of Confucian collectivism as an alternative to western liberal democracy.

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