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Asian Legal Systems: Law, Society and Pluralism in East Asia, Butterworths, Sydney, 1997

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Asian Legal Systems: Law, Society and Pluralism in East Asia, Butterworths, Sydney, 1997 2 Mac LR 135 BooK REVIEWS Poh-Ling Tan (ed), Asian Legal Systems: Law, Society and Pluralism in East Asia, Butterworths, Sydney, 1997. $59.00. Why a book on Asian legal systems? In the Foreword to this book that is edited by Ms Poh-Ling Tan, the Hon Justice Michael Kirby of the High Court of Australia writes: Countless commentators assert that, if the twentieth century was the century ofAmerica, the next century will be that ofAsia and the Pacific. 1 Australian political leaders have similarly asserted that Australia's future lies in Asia and some even claim that Australia is part of Asia. Australia has significant trading partners in Asia and a large proportion of the markets for Australian commodities are in Asia. Australia's largest neighbour is Indonesia with a population of more than 200 million, several times more than that of Australia's. Further north, there are the huge markets ofJapan, Korea and Taiwan, and on mainland China, there is a potential market of more than one billion. On the Indian sub-continent there is India, another large market, still relatively untapped by Australian businesses. As pointed out by Justice Kirby, the opportunities for Australia (and New Zealand) in the neighborhood: extend beyond trading in goods and services. There will also be a great movement of people and of ideas. The ideas will include the rule of law, universal human rights2 and the protection of the independence of judges and lawyers. But the flow of ideas will be a two way street.3 P-L Tan (ed), Asian Legal Systems: Law, Society and Pluralism in East Asia, Butterworrhs, Sydney, 1997 at v. See F de Varennes, Asia-Pacific Human Rights Documents and Resources, Volume 1, Kluwer Law International, The Hague, 1998. n I at vi. See discussion below on Hong Kong. 136 BOOK REVIEWS (1998) IfAustralians wish to deal successfully with their counterparts in Asia, they must not only understand but acknowledge and respect the latter in terms of their politics, history, culture and legal system; in other words, Asian society. As stated by the editor, the main purpose of the book "is to provide an introduction for those who wish to gain an overview of the legal systems of East Asia in their social context.... [The book] attempts to link the study of the law to the larger context of politics,4 society,5 culture and history".6 The book also asks a number of questions (admittedly, not new) that are answered in the concluding chapter.7 The substance of this book is therefore reflected not in its title but in its subtitle, "Law, Society and Pluralism in East Asia':" It is a book on ideas that aims to provide an understanding of the underpinnings of the Asian states isolated for comment. By presenting the evolution of their legal systems in a cultural and historical context, and including commentary at various junctures, the book avoid~ the tag of dry, technical reading. On the contrary, this book may be recommended to readers who are curious to learn more about the mysterious East and the psyche of its rule oflaw and legal systems. The book is an ambitious and complex project that utilises multifarious approaches. The reader is provided with a great deal of information that at first glance appears quite daunting. But some help is given along the way. The introductory chapter explains the parameters and methodology9 adopted, and this makes the chapter an important one. There is a section in the chapter on Japan called "Methodological Comments" also. 10 Each chapter ends with a Select Bibliography and the book itself ends with an Index. The editor uses maps and diagrams to great effect. As a result, it would be fair to say that the book attempts to assist the reader by processing the mass of information provided and packaging it in a more readily digestible form. For a politico-economic perspective, see JW Morley (ed), Driven by Growth, rev. ed., New York, 1998. This successful book, first published in 1993, discusses political change in the Asia Pacific region, including the impact of economic development on changes in politics. Also see note 5. D Kelly, Asian Freedoms, Cambridge University Press, Cambridge, 1998. Ibid. For an expanded discussion on history, see N Tarling, Nations and States in Southeast Asia, Cambridge University Press, Cambridge, 1998. nl at Chapter 10. As a result, countries on the Indian sub-continent such as India and Pakistan are excluded. nl at 8-12. 10 n 1 at 83-89. 2 Mac LR BOOK REVIEW5: 137 The book states that its "principal objective is to provide an introduction for those who wish to gain an overview of the legal systems of East Asia in their social context" 11 and the point is made that East Asia has two components, North East Asia and South East Asia. 12 It opens with an introductory chapter under the heading "Overview" 13 where a neat summary of content is found. It explains that "[a]lthough the framework for this study is Asia, East Asia sees itself as being distinct from South Asia". 14 Consequently, the geographical area that is covered consists of the People's Republic of China Cthe PRC"), Japan, Taiwan, Korea, Indonesia, Malaysia, Singapore and Vietnam. 15 These states, each standing alone, provide the territorial boundaries of the substantive chapters. Discussion on the individual states (one state, one chapter) begins with a strong historical backdrop in snapshot format. Besides facilitating a greater comprehension of the comparative legal differences that exist, the snapshots educate the reader in the domestic developments and external relations of the states concerned. As the title suggests, the book focuses on legal pluralism. However, this is not exclusive and the book is pluralistic in a number of ways. Pluralism is extended to the use of nine authors from eight different states, and interested readers are introduced to them in their bibliographic notes. 16 Additionally, there is pluralism in approach 17 as the authors do not appear to have followed a rigid template, resulting in the chapters being presented differently. For example, some chapters have a concluding section18 while others19 end with a section on Contemporary Legal Issues. 20 However, inconsistency does not become an issue because the concluding chap~er (Chapter 1O) provides the requisite cohesion by drawing together the ideas of diversity, unity and universality dealt with in the earlier chapters.21 II nl at 2. 12 n 1 at 1. n 1 at 10-12. 14 n 13. l'i n 1 at Chapter 9. nl at xiii. 17 n 1 at Chapter 1 . lk For example, see chapters on Japan, Indonesia, Malaysia and Vietnam. I') See the chapters on Taiwan and Singapore. Note chat the chapter on Korea does not address both. .'I Sec below. 138 BOOK REVIEWS (1998) When perusing the table of contents, an initial observation appears to confront the reader. In spite of Thailand's prime location in South East Asia and its reputation as one of the world's oldest kingdom states, it had been excluded from the book. A reference to a map22 suggests that the reason may be linked to Thailand's non-relationship with the South China Sea. Unlike the states that were included (this tract of water laps all their eastern shores), Thailand does not have an eastern seaboard. Instead, it lies sandwiched between Cambodia to the right and Burma to the left, and both had been excluded as well. If this reasoning is correct, then how does one explain the Philippines' exclusion? Upon a closer examination, the editor provides the clue to where she drew the line because it would not have been possible to extend the book to all the economies of East Asia. She states: A recent World Bank report states that the region has a remarkable record of high and sustained economic growth: from 1965-90, the 23 economies of East Asia grew faster than all the other regions of the world. 23 This amazing record of growth is attributed to a number of economies: Japan, China, the four Tigers of Hong Kong, the Republic of Korea, Singapore and Taiwan; and the newly industrialising economies of Indonesia and Malaysia. It is these countries, together with Vietnam, which form the subject of this book. Moreover, she explains in a footnote that despite her best efforts to include Thailand and the Philippines, they had to be left to later study. 24 With the benefit of hindsight after reading this intriguing book, let's hope that this promise is fulfilled, and not in the too distant future. But in relation to Vietnam, its anointment does not appear to have been explained, especially when it fell outside the World Bank report criterion. Another early observation is the separate treatment of Taiwan as a seemingly stand-alone legal entity on par with the other states discussed.25 22 nl at x. 23 n 1 at 1, whereat the editor cites the following in support of her claim: World Bank Report, The East Asian Miracle, Economic Growth and Public Policy, Oxford University Press, Washington, 1993 at 1-2. The other regions subject to comparison were South Asia, the Middle East and the Mediterranean, Sub-Saharan Africa, OECD countries and Latin America and the Caribbean. 24 n2 at 1. 21 n 1 at Chapter 4. 2 Mac LR BOOK REVIEWS 139 Although it was logical to accord Taiwan its own chapter on the basis of its contribution to the global economy, the fact remains that controversy continues to surround Taiwan's sovereign status. On this point, the editor explains the inclusion ofTaiwan on the basis of its economy's position rather than on its (non-existent) de Jure position.
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