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.