“Developed” states tend to reflect their own development experience in their dealings with “less developed” states, encouraging replication of their own solutions and processes. This is “recursive” law and development (LAD). This article examines the role of Singapore in LAD processes in the ASEAN region. It finds that Singapore’s LAD efforts are recursive and focused on rule-of-law and governance training, including especially anti-corruption methods. These are conducted not via a special agency, but via co-operation that is multilevel, multidimensional, and untrumpeted. LAD can learn lessons from this approach.

This paper analyses how the interaction of law and qing (情) shapes ordinary Chinese people’s legal consciousness. Ordinary Chinese people rely on qing, or the normal feelings, or attitudes of the public, to judge whether a particular law is just and how they should react to the law. By investigating Chinese leftover women’s legal consciousness regarding marriage and childbearing, this article has developed a theory to discuss Chinese people’s different forms of legal consciousness either when the law is in opposition to qing or when it is in alliance with qing. I argue that these variations of legal consciousness result from the dynamic relationship between qing and different types and levels of legality, including state law.

In the 1990s, Japan officially launched its first legal-assistance projects in Asia, becoming the first Asian donor to offer bilateral assistance in the legal field in the post-Cold War profileration of rule-of-law assistance movements. This paper reviews the process of re-shaping the Overseas Development Assistance (ODA) policies in Japan leading up to the adoption of the ODA Charter in 1992 and its subsequent amendments which underlie the changes in importance and relevancy of legal assistance in the overall Japanese foreign-aid policy over the years. The paper also argues that Japan’s rule-of-law assistance projects were initially launched with pragmatic considerations but had to be continuously justified for their sustainability with increasingly sophisticated philosophical foundations and practical responses to respond to the changing trends of international co-operation and national political pressures.

This article explores whether and how labour law matters in factory workers’ grievances and demands in their letters sent to the unions and state authorities in Đồng Nai Province, an industrial hub in the south of Vietnam. An examination of the letters demonstrates that the legalistic language of rights and other provisions in the Labour Code plays little role in shaping workers’ accounts. A majority of letter writers instead referred to moral aspects of subsistence, reciprocity, and their subjective views of fairness to make their claims. Yet the moral constructions of workers’ claims may overlap and derive from values imbricated within the Labour Code. These observations raise the need to consider the subtle way in which law generates workers’ resistance against management and/or the state, as well as the fluid boundary between law and morality in workers’ narratives of (in)justice.

This paper suggests that Afghanistan’s fractured plural legal system is beginning to show some signs of cohesion and coherence. I briefly describe the aspiration set out in the Constitution of Afghanistan and its mandate to legislators and jurists to harmonize Islamic jurisprudence, the principles of justice, customary norms, and international treaty obligations. I then discuss some of the setbacks, obstacles, and more recent progress that have shaped the journey towards that aspiration. The paper specifically addresses the role of lawyers as they learn to navigate the more coherent landscape and the development and impact of a nascent adversarial system. Finally, the paper addresses the role of customary dispute resolution and the bifurcated legal-education system, and their impact on the development of a more unified legal system.

This paper provides a critical account of the various roles that labour-law regulation has played in China’s transition to a market-oriented economy. The analysis aims to contribute new insights to an ongoing debate on the relationship between economic development and legal rules and institutions in China. Discussions of social and labour rights have been on the periphery of a debate that has focused on property and contract rights (the so-called “Rights Hypothesis”). While numerous scholars have sought to debunk the explanatory power of the “Rights Hypothesis” in the case of China, I put forward an alternative “Social Rights Hypothesis.” My proposed hypothesis seeks to explain how labour-law rules and institutions have co-evolved with the emergence of a labour market in China’s economic development. Specifically, labour law has played not only a market-constituting role, but also market-corrective and market-limiting functions.

This paper argues that there are two contrasting versions of legal consciousness among foreign corporate lawyers in Myanmar. The old hands—expatriates who have practised there prior to the opening-up of the country in 2011—depict an image of a fairly developed legal system and an appreciation of local law and practices. In contrast, the newcomers who came to Myanmar after 2011 tell accounts of the void of law. Contrary to the old hands who see themselves as mere translators of Myanmar’s local law and practices, the newcomers assume a more active role of importers and educators of modern business law and norms to fill the void. The paper uses two theoretical models in legal consciousness studies—the “community of meaning” model and the “power and resistance” model—to explain the difference between the two groups, as well as the implication the newcomers’ legal consciousness has for the globalization of law.

It is widely accepted that law is essential for economic growth. Prominent economists in China have repeatedly called for strengthening the legal system so that the economy can continue to grow. Nevertheless, the fact that China has been able to achieve rapid economic growth while the law is weak seems to cast doubt on the significance of law. It is even suggested that China is a counter-example to the importance of law and, more provocatively, it is argued that China’s economy grew rapidly not “in spite of,” but “because of,” weak law. To gain a richer and deeper understanding of law in China’s economic growth, this paper conducts a case-study of China’s stock market by examining its growth history and legal development. It is found that China has built from scratch a complex legal and regulatory system governing the stock market, which actually played a critical role in supporting the growth of the market. However, the trajectory of development was law following market growth, which was in turn caused by ideological and political liberalization. On the other hand, the market did not grow to its full potential and currently it faces serious challenges to fulfil the task of supporting the development of the economy, and the fundamental reason is political and ideological restrictions; likewise, the improvement of law for investor protection has not been sustained, for which similarly politics and ideologies offer an explanation. The experience of the stock market suggests that, while law is indispensable for sustaining China’s economic growth, political and ideological liberalization is fundamental in that it is not only necessary to free up the economy so that it can continue to grow in the first place, but also crucial to further strengthening the whole legal system.

How does an intellectual property (IP) legal regime affect those who make their living on counterfeit commodities, and in return how do these people respond to the implementation of IP laws? In this ethnographic study, I analyze the effects of an IP legal regime in two Chinese markets, and use legal consciousness theories and methods to show how this legal regime results in greater social inequality. While the majority of business owners in my study engage in counterfeiting, their tactics in response to the enforcement of IP laws vary significantly. Small shopkeepers at one market, the primary target of enforcement, adopt the legal consciousness of resistance. Established trademark and logo owners at the other market adopt tactics of evasion to maintain the appearance of lawful practices. I argue that these two types of tactics embody different forms of legal consciousness. The divergent tactical responses strengthen the second group of business owners who have greater power and resources at the expense of the first group who have less, thus aggravating their socioeconomic disparities.

This article focuses on the war on drugs in the Philippines in order to explore issues related to extra-judicial killing, which remains common in many countries that have abolished the death penalty and in many more that retain it but seldom carry out judicial executions. In the first year of Rodrigo Duterte’s presidency (2016–17), thousands of people were killed by police or by vigilantes who were encouraged to prosecute his war on drugs. At a time when democracy is in retreat in many parts of the world, this case illustrates how popular harsh punishment can be in states that have failed to meet their citizens’ hopes for freedom, economic growth, and security.

A central aspect of Thai legal consciousness since the mid-twentieth century, widely shared among the general population, has been a perception that judges have an exalted status entitling them to make broad-ranging pronouncements about social and political issues as well as legal matters. Popular legal consciousness of the Thai judge has to a large extent been shared by the judges themselves, as well as by their families and followers. The power and authority of Thai judges go far beyond the limited formal role they are given in Thailand’s civil-law system. This article suggests that the exceptional status of the Thai judge derives from a process of identity construction, emphasizing four traits that set the ideal judge apart from ordinary people. The first is that a Thai judge must be a “khon di” (good person), with specific reference to the traditions of Thai Buddhism. The second is that a Thai judge must be polite, kind, and socially refined—a “phudi” (proper gentleman). The third characteristic of the ideal Thai judge is that he or she must be highly educated and knowledgeable about the law—a “phuru” (learned and wise person). The fourth trait is that a Thai judge must be a “phupakdi” (loyal servant of the king), not only loyal to the monarchy as an institution, but to the late King Rama IX as a person. When the identity of the Thai judge is constructed from these four constituent elements, the pronouncements of the judge acquire legitimacy, even when they range beyond the narrow letter of the law. The article explores this central aspect of Thai legal consciousness by analyzing the construction of judges’ identities through a distinctive set of historical documents—the cremation volumes (nangsue ngan sop) that are published and distributed at the funerals of noted public figures. These volumes contain a wealth of biographical information as well as related legal and historical material that shed light on the life and work of Thailand’s most prominent judges during the past 50 years.

The Madras High Court located in Chennai, India, was established in 1862 when India was under colonial rule. It continues to exist in post-independence India after merging into the Indian legal system. In this study, I argue that the architecture and judicial iconography of the Madras High Court building reflects a recurring historical tension between Indian and British concepts of justice. This is continually reflected in the semiotics of the legal space of this high court which in turn influences the legal consciousness of the court personnel who utilize this space. This architecture and iconography of the Madras High Court constitutes, preserves, and reinforces the ambivalent legal consciousness of those who created, occupy, and visit this space. The contemporary legal consciousness of the court personnel is thus seen to have deep historical roots.

The concept of restorative justice emerged from efforts to find an alternative to the traditional punitive, retributive reaction to crime. The belief that face-to-face meetings are able to address the diverse needs of all involved parties has eventuated in the proposal of an informal process to discuss the aftermath of crime. One local district court in Korea was very keen to test this process and conducted a project to examine the applicability of restorative justice in Korean criminal trials. Investigating the processes and outcomes of this project, this study identifies challenges in officially adopting such a programme in Korea. In particular, this study raises questions regarding what form of justice Korean citizens truly desire.

Until 2003, Japanese lawyers were prohibited by law from entering full-time employment in governmental bodies. That year, in line with recommendations by the Justice System Reform Council, the Lawyers Act was amended to permit lawyers to undertake such employment. Incorporating information and insights from interviews with former government lawyers and other concerned parties, this article examines the rise in the hiring of government lawyers and its impact. The article considers factors that have contributed to the increase, examines the roles played by these lawyers, considers prospects for the future, and discusses implications for government, the legal profession, clients, and legal education and training. The article also seeks to identify a range of issues raised by these developments that warrant further in-depth research.

The general, but false, perception of migrant smuggling through Indonesia, a large, archipelagic country, is that smugglers operate entirely on their own. In fact, the more complex smuggling operations rely on broad networks of foreign organizers as well as local intermediaries and ground staff. In 2011, the Indonesian legislature introduced a severe minimum sentence for any involvement in migrant smuggling with the expectation that the judiciary would apply the sentence in all future cases. However, some judges proceeded to hand down sentences below the statutory minimum, arguing that the punishment is not commensurate to the relatively minor roles played by locals. This article examines how judges at all levels of the judiciary did so in ten related cases. In conclusion, it argues that statutory sentences are not mandatory in Indonesia and that, by applying below-minimum sentences, judges not only maintain judicial independence; they also effectively exercise a judicial review function.

This article asks how legal mechanisms are employed outside of North Korea to achieve human rights diffusion in the country; to what extent these result in human rights diffusion in North Korea; and whether measures beyond accountability can be pursued in tandem for more productive engagement. Specifically, it examines how the North Korean government has interacted with the globalized legal regime of human rights vis-à-vis the UN and details the legal processes and implications of the UN Commission of Inquiry report, including domestic legislation, and evidence collection. While transnational legal mobilization has gathered momentum on the accountability side, it is significantly weaker in terms of achieving human rights protection within North Korea given the government’s perception of current human rights discourse as part of an externally produced war repertoire. Thus, efforts to engage the North Korean population and government require concurrent reframing of human rights discourse into more localized and relatable contexts.

The mediation of disputes by community leaders in China has deep historical roots and has long been among the responsibilities of neighbourhoods and villages. While most research on the topic has looked at cities, mediation is in fact more common in the countryside. This paper draws on a survey conducted in 2002 (n=2,164) and repeated in 2010 (n=2,659), covering 23 villages in five provinces, which provides detailed data on conflict from disputants themselves. We examine the evolution of this much-debated mode of conflict resolution and assess its prevalence and effectiveness relative to alternatives. We find that, even as overall rates of disputing declined, seeking intervention by village authorities remained as common a response to disputes in 2010 as it was eight years prior. The paper thus sheds light on a primary means through which the party-state has tried to maintain stability, tamp down strife, and assert its primacy at the community level.