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• Civil law in the French Asian colonies / Beatrice Jaluzot
• Contract law in Myanmar : an outcome of British colonial law / Yuka Kaneko
• The role of the Japanese Civil code in the codification in the Kingdom of Siam / Shiori Tamura
• The pathway of civil law development in Indonesia : laws on land / Rudy
• A study of civil code revision : the 2015 Civil code of Vietnam / Hong Hai Nguyen
• One aspect of civil procedure reform in Asia : placing the focus upon Vietnam / Shiro Kawashima
• Issues of compulsory execution in Myanmar : a comparative approach from practical viewpoints / Yoshifumi Akanishi
• Japanese civil code drafting support for socialist reform countries : diversity of normative choice / Yuka Kaneko.

This book focuses on the legal systems of the late-developing countries of ASEAN (Cambodia, Laos, Myanmar, and Vietnam, often referred to as the CLMV countries). These nations are apt to be placed in an economically disadvantageous situation within the opportunity of communalization of legal systems being advanced by the ASEAN Economic Community (AEC) launched in 2015, and the book clarifies the dynamics of the changes within these legal systems. Concurrently, there is an intention to analyze the "legal system development support" that has continued to be provided to these countries since the mid-1990s via international development support from international organizations and developed countries including Japan. In particular, the emphasis has been on the area of civil law, where the main subject of Japan's support has been centered on the civil code and civil procedure code. The legal system of the recipient country is complicated by the crisscrossing of the remnants of previous eras, from the inherent laws that have existed since before colonization, the laws of the colonial powers that were introduced during the colonial era (French law in Cambodia, Laos, and Vietnam; English law in Myanmar), the influence of socialist law after independence from colonization, and the path of modern industrialization and development, such that one country's legal system is the combination of all of these influences. For the reader to understand the dynamics of these changing laws, each chapter of the book combines two methodological perspectives. The first is to ascertain the spatial range as to how far the civil law extends across social phenomena. The second is a historical perspective in which the trends in legal changes will be understood on a time axis.
(source: Nielsen Book Data)

• Preface
• Murad Giray and his times
• The household, deputies, and the Council of the Khan
• The Khan and the nobles
• Provincial kadis and their courts
• Law and its practice in the Khanate's sharia courts
• Conclusion: A fragile balance.

The Crimean Khanate was often treated as a semi-nomadic, watered-down version of the Golden Horde, or yet another vassal state of the Ottoman Empire. This book revises these views by exploring the Khanate's political and legal systems, which combined well organized and well developed institutions, which were rooted in different traditions (Golden Horde, Islamic and Ottoman). Drawing on a wide range of sources, including the Crimean court registers from the reign of Murad Giray (1678-1683), the book examines the role of the khan, members of his council and other officials in the Crimean political and judicial systems as well as the practice of the Crimean sharia court during the reign of Murad Giray.
(source: Nielsen Book Data)

• The judicialization of politics in Asia : towards a framework of analysis / Björn Dressel
• The judicialization of Japanese politics? / Tom Ginsburg and Tokujin Matsudaira
• Causes and conditions for sustainable judicialization of politics in Korea / Jongcheol Kim and Jonghyun Park
• The judiciary, policy, and politics in India / Shylashri Shankar
• Thailand : judicialization of politics or politicization of the judiciary? / Björn Dressel
• Indonesia's Constitutional Court : conservative activist or strategic operator? / Simon Butt
• From judicialization to politicization of the judiciary : the Philippine case / Alejandro N. Ciencia
• The judicialization of politics in Pakistan / Charles Kennedy
• China's Supreme People's Court within the "political-legal system" / Shumei Hou and Ron Keith
• Cambodia's judiciary : heading for political judicialization? / Kheang Un and Sokbunthoeun So
• Malaysia : limited and intermittent judicialization of politics / Chandra Kanagasabai
• Leadership, law, and legitimacy : reflections on the changing nature of judicial politics in Asia / Haig Patapan.

Over the last two decades courts have become major players in the political landscape in Asia. This book assesses what is driving this apparent trend toward judicialization in the region. It looks at the variations within the judicialization trend, and how these variations affect political practice and policy outcomes. The book goes on to examine how this new trend is affecting aspects of the rule of law, democratic governance and state-society relations. It investigates how the experiences in Asia add to the debate on the judicialization of politics globally; in particular how judicial behaviour in Asia differs from that in the West, and the implications of the differences on the theoretical debate.
(source: Nielsen Book Data)

• Introduction
• History and context
• Nature and critique of reforms
• Theories of reform
• Empirical evidence
• Evaluating aid
• Evaluating judicial reform
• ADB's judicial reform experience in Asia : 1990-2007
• AusAID's program in Papua New Guinea, 2003-2007
• Voices of the Asia Pacific experience
• The way forward.

Despite the disappointing results of fifty years of judicial reform, evidence from Asia suggests that a shift in justice reform efforts could result in important progress being made. Livingston Armytage argues that reform should focus on promoting fairness and equity, as opposed to economic growth and good governance. Justice is constitutive to human wellbeing and cannot be trumped by economics. Finding a balance between utility and aggregate wellbeing on the one hand and equity and individual wellbeing on the other is at the crux of this important book.
(source: Nielsen Book Data)

• 1. Introduction
• Part I. Judicial Reform Enterprise: 2. History and context
• 3. Nature of reforms and critique
• 4. Theories of reform
• 5. Empirical evidence
• Part II. Evaluation: 6. Development evaluation
• 7. Evaluating judicial reform
• Part III. Case Studies of the Asian Reform Experience: 8. ADB's judicial reform experience in Asia: 1990-2007
• 9. AUSAID'S program in Papua New Guinea: 2003-7
• 10. Voices of the Asian Pacific experience
• 11. Conclusions
• Annex A. Frameworks of measurement
• Annex B. Empirical methodology and justification
• Annex C. AUSAID inventory of documents
• Annex D. Sample extracts of PNG newspapers: 2003-4.
• (source: Nielsen Book Data)

Despite the disappointing results of fifty years of judicial reform, evidence from Asia suggests that a shift in justice reform efforts could result in important progress being made. Livingston Armytage argues that reform should focus on promoting fairness and equity, as opposed to economic growth and good governance. Justice is constitutive to human wellbeing and cannot be trumped by economics. Finding a balance between utility and aggregate wellbeing on the one hand and equity and individual wellbeing on the other is at the crux of this important book.
(source: Nielsen Book Data)

• ForewordPrefaceNote on RomanizationOrder without LawAn Introduction to the Study of the Principles of Disciplinary TheoryThe District MagistrateThe Mixed Court Prior to 1911The Mixed Court 1911
• -27: Historical DimensionsMixed Court Administration of Order AnalyzedAssessment of the Work of the Mixed Court 1911-27Wider IssuesNotesSelect BibliographyIndex.
• (source: Nielsen Book Data)

China's traditional system of dispute resolution and maintenance of order in society has been treated by Western scholars as legal history, but because the Chinese system is radically different from European systems in its conceptual structure and therefore does not fit into the familiar categories and models of Western law and jurisprudence, such treatment has been inadequate and often misleading. In Order and Discipline in China, Thomas B. Stephens provides a new approach, methodology, and theoretical framework for the interpretation of traditional Chinese "law." Stephens argues convincingly that Chinese society has always operated according to the disciplinary system of order, ni which hierarchy is established by actual power, and he provides a thorough methodology and framework for understanding disciplinary theory. He discusses the system, showing it not the random (or even unjust) tyranny it may sometimes appear to the Western, legally oriented mind but an effective system that successfully guided China for centuries. The study is not merely historical, but provides insights into Chinese ways of thinking about social relationships, dispute resolution, and the enforcement of civil obligations that are vital to intercultural understanding today. His study is based on the activities of the Mixed Court of the International Settlement at Shanghai, which dealth with legal problems concerning Chinese people within the representative, or "assessor." The Mixed Court conventionally has been looked upon as a disciplinary tribunal enforcing a system of dispute resolution and the maintenance of social order upon the principles of disciplinary theory. The Mixed Court is a convenient point from which to measure the legal and disciplinary systems against each other and to study them in conflict. Although Western powers tried to interpret the court in legal terms, it responds much more convincingly to analysis according to the disciplinary system: it provided its right to rule by the abililty to enforce its decisions, and it decided cases not, as claimed, by Chinese laws (which actually did not exist) but according to those principles established by the Western consuls. Order and Disipline in China will be of interest not only to legal scholars and students of Chinese history and society, but also to students of social order and international relations throughout the world. It also offers practical assistance to Westerners dealing with Chinese business relations, social and political affairs, or dispute settlement.
(source: Nielsen Book Data)

• *Frontmatter, pg. i*Foreword, pg. vii*Contents, pg. xv*List of Illustrations, pg. xvii*Acknowledgments, pg. xix*Introduction, pg. 1
• *1. Assignment to Japan, pg. 11
• *2. Arrival in Tokyo, pg. 16
• *3. Personalities and Objectives, pg. 22
• *4. The Mechanics of Communications and Commands, pg. 39
• *5. The New Constitution, pg. 43
• *6. The Courts and Law Division, pg. 65
• *7. The Legal and Judicial Reforms: A Cooperative Effort, pg. 72
• *8. Institutional Reforms, pg. 85
• *9. Reform of Substantive Law, pg. 111
• *10. Procedural Codes and Miscellaneous, pg. 130
• *11. A Diary for a Short Period, pg. 154
• *12. A Socialist-Led Cabinet, pg. 173
• *13. Japan's Civil Liberties Union and Eleanor Roosevelt, pg. 178
• *14. Happy Reunion, pg. 183
• *15. Charlotte and Women's Emancipation, pg. 189
• *16. Labor Problems and Communism, pg. 196
• *17. National Security versus Pacifism, pg. 208
• *18. Press Conferences and Public Speeches, pg. 214
• *19. Old and New Tasks in the Legal Section, pg. 220
• *20. A Visit to Military Government Units, pg. 242
• *21. Outbreak of the Korean Conflict, pg. 251
• *22. The Supreme Court Mission, pg. 255
• *23. MacArthur's Removal, pg. 276
• *24. SCAP without MacArthur, pg. 288
• *25. My Post-Occupation Period, pg. 293
• *26. Concluding Evaluation, pg. 318*Index, pg. 337.
• (source: Nielsen Book Data)

After a distinguished career as a jurist in Germany, Alfred Oppler came to the United States in 1939, and in 1946 was invited to Tokyo, where he was SCAP's authority on reform of the Japanese legal order to implement the principles of the new Constitution. Here is his account of the legal reforms and the methods used to achieve them. The author describes the wide scope of his activities, which included a vigorous promotion of civil liberties, surveillance of relevant legislation, and observation of the administration of justice throughout the country. He focuses on the Continental nature of the Japanese law and analyzes the American objectives as well as the personalities of the Occupation and of Japanese with whom he negotiated. Special chapters describe the Supreme Court mission to the United States (which the author escorted), the removal of General MacArthur, and the author's post-Occupation work on Japanese, Korean, and Ryukyuan problems. Treating all aspects of the legal reforms, this book provides insights into Japan during and after the Occupation. Originally published in 1976. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
(source: Nielsen Book Data)