Asian Journal of Law and Society最新文献

{"title":"Algorithmic Credit Scoring in Vietnam: A Legal Proposal for Maximizing Benefits and Minimizing Risks","authors":"Nicolás Laínez, J. Gardner","doi":"10.1017/als.2023.6","DOIUrl":"https://doi.org/10.1017/als.2023.6","url":null,"abstract":"\u0000 Artificial intelligence (AI) and big data are transforming the credit market around the world. Algorithmic credit scoring (ACS) is increasingly used to assess borrowers’ creditworthiness, using technology to glean non-traditional data from smartphones and analyze them through machine-learning algorithms. These processes promise efficiency, accuracy, and cost-effectiveness compared with traditional credit scoring. However, this technology raises public concerns about opacity, unfair discrimination, and threats to individual privacy and autonomy. Many countries in Southeast Asia are introducing ACS in consumer finance markets, although—even with the significant concerns raised—there is an ongoing and concerning lag in oversight and regulation of the process. Regulation is vital to delivering big data and AI promises in the financial services market, while ensuring fairness and public interest. This article utilizes Vietnam, where the lending industry deploys ACS but in a situation of legal limbo, as a case-study to analyze the consequences of this technology. Vietnam is one of the foremost Southeast Asian countries in which ACS usage is spreading rapidly, and this provides an excellent opportunity to review the regulation, or lack thereof, and determine the implications that this may have for other countries that are currently introducing ACS in consumer finance markets. The article concludes with a proposal to regulate ACS in Vietnam based on international regulation and guidelines on ACS, data privacy, and AI to enable a transparent, accessible, and fair process.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"1 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41707713","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Asian Courts in Times of COVID: Virtualization and the New Normal","authors":"Alvin Yeo, Hock Keng Chan","doi":"10.1017/als.2021.33","DOIUrl":"https://doi.org/10.1017/als.2021.33","url":null,"abstract":"Abstract The unprecedented COVID-19 pandemic has caused restrictive measures to be established in many sectors including the legal and judicial sector; an example is the use of electronic litigation systems and video-conferencing facilities for trials. With the implementation of changes in the legal and judicial sector to adapt to restrictions arising from the pandemic, there is the question of whether the current rules governing civil-court proceedings are designed to accommodate these changes. This article seeks to explore the measures taken by courts in response to the pandemic with a focus on Asia, notably Singapore. The article will outline the legal basis for the use of live video links for the purpose of witness evidence-taking under Singapore law and the possible implications will be reviewed taking Singapore’s civil proceedings as an example in comparison with other jurisdictions.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135145474","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Constitution and Religion - Buddhism and Comparative Constitutional Law. By Tom Ginsburg & Benjamin Schonthal. Cambridge, UK: Cambridge University Press, 2023. 300 pp. Hardcover $125.00","authors":"Rawin Leelapatana","doi":"10.1017/als.2023.10","DOIUrl":"https://doi.org/10.1017/als.2023.10","url":null,"abstract":"","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42428375","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Multi-Tier Dispute Resolution (MDR)","authors":"J. Huang","doi":"10.1017/als.2023.3","DOIUrl":"https://doi.org/10.1017/als.2023.3","url":null,"abstract":"“Multi-tier dispute resolution” (MDR) combines hybrid forms of dispute resolution that often start with mediation, neutral evaluation, or other non-adjudicative approaches and is followed by an adjudicative approach (e.g. arbitration or litigation) when the initial non-adjudicative approach is unsuccessful in resolving all or part of the parties’ disputes. MDR provides parties with flexible, creative, and often cost-saving means for settling their disputes; therefore, it has become increasingly popular. Anselmo Reyes and Weixia Gu’s edited volume is a must-see work for people who are interested in MDR. First and most importantly, the book provides a comparative global overview of legal issues related to MDR and in-depth introductions to MDR laws of 13 jurisdictions (i.e. China, Hong Kong, Taiwan, Japan, Korea, Singapore, the US, the UK, Canada, Australia, the EU, Russia, and OHADA countries). The book is divided into four parts containing 18 chapters in total. Part One provides a global overview of MDR featuring two chapters. Chapter One defines the concept of MDR and explores the differences between “med-arb,” “arb-med,” “arb-med-arb,” etc. It then presents the comparative findings of the book regarding MDR laws and practices in common-law Asia, civil-law Asia, other common-law jurisdictions in the world, and continental Europe. It attributes the diverse development of MDR in the above jurisdictions to various factors, such as “a jurisdiction’s legal system, the tradition, and its multi-faceted and variegated cultural aspects” (p. 24). Chapter Two provides an impressive statistics analysis of MDR laws in 195 jurisdictions. The statistics are presented by easy-to-read colourful charts and detailed analysis covering approaches to med-arb, arb-med, regulatory patterns, and development status. Part Four (Chapter Eighteen) concludes the book with a testimony to the resilience and the attraction of MDR in different parts of the world. It argues that MDR will “allow ample flexibility and informality in its mediation stage” and “not jeopardize any award produced in the arbitration stage by reason of the mediation stage having been conducted too loosely” (p. 441). Part Two of the book focuses on Asia. It first explores the general trends of MDR. The chapter with respect to China (Chapter Three) concludes that it is hard to answer whether MDR in China will be impeded by due process issues, especially those caused by the same neutral serving as both mediator and arbitrator. This is because the majority of Chinese clients are attracted by the familiarity and efficiency that Chinese MDR brings and they usually do not worry about its procedural defects. Chapter Four explores MDR in Hong Kong by considering the competition from Singapore, Shanghai, Shenzhen, and Dubai, and suggests Hong Kong policy-makers engage more efforts to incentivize the use of MDR. According to Chapter Five, although Taiwan is not a member of the Hague Convention on the Recognition and ","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"10 1","pages":"339 - 341"},"PeriodicalIF":0.8,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41567611","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Faces of Modern Chinese Legal Identity","authors":"Sandra Michelle Röseler","doi":"10.1017/als.2023.7","DOIUrl":"https://doi.org/10.1017/als.2023.7","url":null,"abstract":"changes and judicial reforms, such as the introduction of the “cooling off period for divorce” in the new PRC Civil Code in 2020, have made divorce harder, not easier. She concludes the epilogue with a call for collective action and resistance, for women whose land rights are threatened upon or after divorce. It almost feels like the author was out of steam when writing down those words. Indeed, readers can see and feel the enormous effort that Li put into her research and writing for this excellent book—the final product of a very long scholarly journey. Perhaps its theoretical contributions would be underappreciated by political scientists who are not interested in culture or socio-legal researchers who are not interested in power, but the book will surely find its place in the classics of Chinese law and society research because of its richness and sophistication, as well as the author’s sincerity and compassion. When today’s academic publishing is filled with fast and junk food, this fine cuisine is a rarity.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"10 1","pages":"149 - 152"},"PeriodicalIF":0.8,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47688745","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Making Love Legible: Queering Indian Legal Conceptions of “Family”","authors":"Hrishika Jain","doi":"10.1017/als.2023.4","DOIUrl":"https://doi.org/10.1017/als.2023.4","url":null,"abstract":"Abstract The state has historically played favourites—by incentivizing conventional families and clamping down on alternative families like ascetic maths, it ensured that the heteronormative family flourished. I trace the socio-legal histories of families and establish a constitutional imperative for “family equality” located in the rights to religious freedom, privacy, and equal treatment, and propose that it (not marriage equality) drives the queer movement. “Family” must be reimagined beyond marriage in light of the public ethic of care to encompass a vast range of non-normative families like hijra communes. I consider the Canadian Law Commission’s proposals for recognizing “families” and argue that a similar framework is an unrecognized constitutional mandate in India that, once recognized, would render a wealth of laws interacting with family life unconstitutional. The shared socioconstitutional contexts across jurisdictions and the growing convergence of human rights standards could well mean that this will impact legal systems around the world.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"10 1","pages":"70 - 106"},"PeriodicalIF":0.8,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41494190","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"History of South Korea’s Courts and Constitutional Transitions","authors":"Justine Guichard","doi":"10.1017/als.2023.1","DOIUrl":"https://doi.org/10.1017/als.2023.1","url":null,"abstract":"Giddens, Anthony (1984) The Constitution of Society, Cambridge: Polity Press. Ginsburg, Tom, ed. (2004) Legal Reform in Korea, Abingdon: RoutledgeCurzon. Mo, Jongryn, & David W. Brady, eds. (2010) The Rule of Law in South Korea, Stanford: Hoover Institution Press. Yang, Hyunah, ed. (2013) Law and Society in Korea, London: Edward Elgar. Yoon, Dae-Kyu (2010) Law and Democracy in South Korea: Democratic Development Since 1987, Boulder: Lynne Rienner Publishers.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"10 1","pages":"159 - 161"},"PeriodicalIF":0.8,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47061257","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Socio-Legal Ethnography of Divorce Litigation in China","authors":"Sida Liu","doi":"10.1017/als.2023.2","DOIUrl":"https://doi.org/10.1017/als.2023.2","url":null,"abstract":"For socio-legal researchers, there are many ways to make sense of marriage and divorce in China. Some examine general patterns using big data and official judicial decisions. Others interview judges and observe divorce trials in court. Most of them reach the same conclusions: divorce is difficult for women, domestic violence is prevalent but unimportant in judicial decision-making, and men are more likely to get properties and child custody. Indeed, after this topic has been researched empirically for more than a decade, especially after the recent publication of two major studies, namely Xin He’s Divorce in China in 2021 and Ethan Michelson’s Decoupling in 2022, it may seem like there is nothing new to be said on the gendered outcomes of divorce cases in China. Yet, with Marriage Unbound: State Law, Power, and Inequality in Contemporary China, Ke Li has proven the sceptics wrong. Based on her 15-yearlong ethnographic and archival research, as well as a creative engagement with social science theories of dispute resolution and authoritarian legality, Li demonstrates how the Chinese state “has cultivated and deployed a cultural repertoire of statecraft” (p. 29) to penetrate and regulate the private lives of its citizens over the seven decades of the People’s Republic of China (PRC) since 1949. From political campaigns in the Mao era to mediations and litigations in the reform era, what Li terms the cultural toolkit of statecraft enables Chinese judges and other political-legal actors (village cadres, lawyers, and basic-level legal workers, etc.) to manage divorce in gendered and institutionalized ways that discriminate against women. This is a book not only about divorce but also about the nature of “authoritarian legality”—an increasingly popular concept among social scientists studying China. Unlike most political scientists who use this concept, however, Li presents a cultural approach to authoritarian legality. It does not seek to “probe what ‘functions’ or ‘functional purposes’ legality serves in authoritarian states” (p. 25) or to make the utilitarian assumption that “autocrats know very well how to leverage law and courts to maximum advantage” (p. 27). Instead, Li’s cultural approach asks “how authoritarian rulers build and rebuild law, legal professions, and courts over time as they calibrate and recalibrate a cultural repertoire of statecraft” (p. 30). Drawing on Ann Swidler’s theory of cultural toolkit and Sally Engle Merry’s notion of cultural appropriation, which refers to “political elites’ agency, flexibility, and ingenuity in transposing, blending, and layering diverse cultural influences in legal developments” (p. 31), Li argues that PRC’s ruling elites have employed four cultural appropriation strategies (i.e. diffusion, translation, bricolage, and path dependence) in China’s contemporary legal reforms. It is not a process of rational decision-making, but a pragmatic logic of practice with “a strong emphasis on trial and error, co","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"10 1","pages":"147 - 149"},"PeriodicalIF":0.8,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42618666","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"“Ground-Up” Legal Mobilization in South Korea","authors":"Chulwoo Lee","doi":"10.1017/als.2022.28","DOIUrl":"https://doi.org/10.1017/als.2022.28","url":null,"abstract":"Bhatia, Amar (2012) “The South of the North: Building on Critical Approaches to International Law with Lessons from the Fourth World.” 14 Oregon Review of International Law 131–75. Fukurai, Hiroshi (2018) “Fourth World Approaches to International Law (FWAIL) & Asia’s Indigenous Struggles & Quests for Recognition Under International Law.” 5 Asian Journal of Law & Society 221–31. Fukurai, Hiroshi (2019) “Original Nation Approaches to ‘InterNational’ Law (ONAIL): Decoupling of the Nation & the State & the Search for New Legal Orders.” 26 Indiana Journal of Global Legal Studies 199–262. Griggs, Richard (1992) The Meaning of “Nation” and “State” in the Fourth World, Olympia, WA: Center for World Indigenous Studies. Guha, Ranajit (1982) “On Some Aspects of the Historiography of Colonial India,” in G. Desai & S. Nair, eds., Postcolonialisms: An Anthology of Cultural Theory and Criticism, London: Bloomsbury Publishing, 403–9. LaDuke, Winona (1983) “Natural to Synthetic & Back Again,” in W. Churchill, ed., Marxism and Native Americans, Boston, MA: South End Press, i–iix. Manuel, George, & Michael Posluns (2019) The Fourth World: An Indian Reality, Minneapolis, MN: University of Minnesota Press.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"10 1","pages":"155 - 159"},"PeriodicalIF":0.8,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49041187","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Dynamics and Themes of Fourth World Advocacies and Activisms","authors":"J. Fong","doi":"10.1017/als.2022.25","DOIUrl":"https://doi.org/10.1017/als.2022.25","url":null,"abstract":"scholars to Chinese legal development. Given the paucity of female scholars in the monograph, an approach focusing on Chinese women in legal research and education8 could contribute to a more integrated picture of Chinese legal scholarship in the PRC. In light of the transnational experiences of the selected scholars—especially their enormous cultural translations—the research approach of Global Legal History9 may also prove an enriching perspective on Chinese legal scholarship.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"10 1","pages":"152 - 155"},"PeriodicalIF":0.8,"publicationDate":"2022-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45051742","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}