CAROL A. G. JONES, Capitalism, Globalizatzon and Rule of Law: An Alternative Trajectory of Legal Change in China
| Date | 01 June 1994 |
| DOI | 10.1177/096466399400300206 |
| Published date | 01 June 1994 |
| Subject Matter | Articles |
ABSTRACTS
CAROL
A.
G.
JONES,
Capitalism,
Globalizatzon
and
Rule
of
Law:
An
Alternative
Trajectory
of Legal
Change
in
China
The
globalization
of
capital
has
led
some
theorists
to
speculate
on
the
adoption
of
Western
legal
practices
as
developing
societies
intersect
with
the
global
market.
This
article
examines
this
thesis
in
relation
to
current
developments
in
the
People’s
Republic
of
China
(seeking
to
develop
’socialism
with
Chinese
characteristics’)
as
well
as
in
the
more
developed
economies
and
legal
systems
of
Hong
Kong,
Taiwan,
Singapore
and
South
Korea -
the
so-called
’Four
Little
Dragons’.
All
four -
and
China -
share
a
common
cultural
heritage;
some
theorists
also
suggest
that
they
have
developed
a
distinctive
form
of
’Chinese
capitalism’
that
emphasizes
particularistic
rather
than
univeralistic
values,
that
is
’rule
of
relationships’
rather
than
’rule
of
law’.
This
emphasis
upon
relational
ties
with
its
marginalization
of
formal
law,
taken
together
with
a
’neo-authoritarian’
model
of
government
favoured
by
the
East
Asian
NICs,
may
more
adequately
explain
the
spectacular
growth
of
this
region
in
recent
decades
than
theories
which
regard
a
developed
legal
order
and
’rule
of law’
as
inextricably
linked
to
the
development
of
market
economies.
Where
these
economies
intersect
with
the
global
market,
the
impact
of
Western
legal
practices
will
be
far
less
influential
than
current
theories
of
globalization
of
law
allow.
LAUREN
BENTON,
From
Structure
to
Process:
Towards
a
New
Approach
to
Law
in
the
Informal
Sector
The
resurgence
ot
unregulated
economic
activity
in
the
so-called
intormal
sector
has
been
analyzed
as
one
result
of
a
process
of
global
economic
restructuring.
Embedded
in
this
processual
analysis,
however,
is
a
structural
notion
of
legal
pluralism
that
vests
the
informal
sector
as
a
level
of
law
subordinate
to
and
separate
from
state
law.
Such
a
construct
unfortunately
misrepresents
social
actors’
perceptions
of
the
legal
status
of
their
activities,
ignores
the
pervasiveness
of
state
law,
and
underemphasizes
the
importance
of
patterned
social
relationships
that
span
legal
’levels’.
Analysis
of
these
problems
leads
to
discussion
of
ways
of
moving
beyond
legal
pluralism
to
a
more
complex
and
fluid
understanding
of
law
in
economic
restructuring.
KIRSTEN
SCHEIWE,
EC
Law’s
Unequal
Treatment
of the
Family:
The
Case
Law
of
the
European
Court
ofjustice
on
Rules
Prohibiting
Discrimination
on
Grounds
of
Sex
and
Nationality
Whereas
the
family
is
’in’
under
EC
law
on
migrant
workers,
the
family
is
’out’ in
the
case-law
of
the
European
Court
of
Justice
interpreting
the
EC
directives
on
equal
treatment
of
men
and
women.
The
legal
logic
of
exclusion
and
inclusion
of
the
family
is
questioned
and
its
gender
bias
is
revealed.
It
is
argued
that
the
unequal
treatment
of
the
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