Asian Journal of Law and Society最新文献

{"title":"A Novel Perspective on the Contributions of Legal Outsiders in Japanese Criminal Justice (Won an Honorary Mention by the 2020 ALSA Distinguished Book Award Committee)","authors":"Noboru Yanase","doi":"10.1017/als.2022.12","DOIUrl":"https://doi.org/10.1017/als.2022.12","url":null,"abstract":"Erik Herber ’ s latest book, Lay and Expert Contributions to Japanese Criminal Justice , provides us with a novel perspective on the recent drastic reform of the Japanese criminal proceedings, including the introduction of the victim participation system and the lay-judge ( sai-ban-in ) system. The author focuses on the roles and contributions of non-legal professionals in Japanese criminal justice and in particular on the recent social and legal changes that either gave birth to or affected the roles played by these “ outsiders. ” In this book review, first, the reviewer introduces the book in brief; second, examines “ legal outsider ” or “ lay (individuals) ” as the key concept of the book; and third, suggests the possible ways for promoting the development of the research in the book","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"9 1","pages":"336 - 338"},"PeriodicalIF":0.8,"publicationDate":"2022-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45985741","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":"Fintech regulation in China","authors":"Li Guo","doi":"10.1017/als.2022.11","DOIUrl":"https://doi.org/10.1017/als.2022.11","url":null,"abstract":"Fintech, a portmanteau combining “finance” and “technology,” has been a buzzword in recent years, due to its great potential for reshaping the financial landscape and society in general. The important question is thus how to develop a fintech market. The influential “law and finance” literature has taught us that law matters.1 Indeed, one of the key success factors for developing a robust fintech market is an effective regulatory regime that ensures investor protection while encouraging market innovation. As a leader in fintech and the second largest economy in the world, China’s regulatory experience is of both academic and practical significance. There are a number of interesting questions to be answered: What are the factors that have contributed to the growth of the Chinese fintech market? Are the lessons from the Chinese model replicable in other markets? Is the growth in the Chinese fintech market sustainable? If so, how? In Fintech Regulation in China, Professor Robin Hui Huang has done a sterling job of answering the questions above. As a leading authority on Chinese corporate and financial law, Professor Huang masterfully provides a comprehensive examination of China’s fintech regulation in a clear and convincing manner. The book not only examines the black-letter law, but also analyses the interactions between factors that contribute to the formation and implementation of China’s fintech regime. Moreover, in evaluating fintech regulation in China, the book undertakes a comparative analysis to cover some other major fintech markets, such as the US, the UK, Singapore, and Hong Kong. It is an extraordinary endeavour to do so, as fintech regulation is highly complex and rapidly evolving. In China, for example, the fintech regime comprises many national laws, regulatory rules issued by a multitude of regulators at the national and local levels, guidance documents of various self-regulatory organizations, as well as court cases. Professor Huang beautifully accomplished the otherwise formidable task, thanks to his rich diversity of backgrounds and experiences in China and overseas. He has an admirably deep and sharp understanding of how Chinese law functions as well as how it compares to the rest of the world. The book is well organized with nine chapters. Chapter 1 usefully introduces the Chinese regulatory framework for the fintech market, including the central bank, namely the People’s Bank of China, the national sectors-based regulators such as the China Banking and Insurance Regulatory Commission, the China Securities Regulatory Commission, as well as the self-regulatory organizations and local regulators. As fintech is an evolving concept and covers a wide range of sectors, the book carefully selected some more significant fintech sectors as case-studies, namely online P2P lending, cryptoassets, initial coin offerings, mobile payments, data protection, robo-advisory, equity crowdfunding, and central bank digital currency. They are all we","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"10 1","pages":"343 - 345"},"PeriodicalIF":0.8,"publicationDate":"2022-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47591748","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":"Integrating the Anthropocene in Legal Education: Considerations for Asia","authors":"Jonathan F D Liljeblad","doi":"10.1017/als.2022.4","DOIUrl":"https://doi.org/10.1017/als.2022.4","url":null,"abstract":"Abstract The scale and urgency of the consequences of the Anthropocene for human civilization call for comprehensive responses from human societies. As leaders in law, law schools have a role in helping their respective societies respond to the impacts of the Anthropocene. The present analysis discusses potential approaches to help law schools in Asia integrate the Anthropocene into their legal education curricula. Drawing upon existing legal education literature regarding issues of content, teaching tools, curriculum placement, and subject status as a law topic, the analysis explores the potential issues facing law schools in the adoption of the Anthropocene as a component of learning. The analysis then addresses the particular contextual sociocultural, economic, and political circumstances likely to challenge the integration of the Anthropocene into Asian law schools. The conclusion finishes with directions for future research.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"9 1","pages":"207 - 227"},"PeriodicalIF":0.8,"publicationDate":"2022-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44258218","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 Prevention of the Sixth Mass Extinction: Socio-Legal Responses to Mitigate the Anthropogenic Crises in Asia and Beyond","authors":"Hiroshi Fukurai","doi":"10.1017/als.2022.1","DOIUrl":"https://doi.org/10.1017/als.2022.1","url":null,"abstract":"Abstract This Special Issue highlights the most recent socio-legal research related to the mitigation, if not the elimination, of the threat of anthropogenic disasters in Asia and beyond. The drafts of these papers were originally presented at the Presidential Session on “The Anthropocene and the Law in Asia” at the Fourth Asian Law and Society Association (ALSA) Conference held in the vibrant city of Osaka, Japan in December 2019. The timing of this particular session, the first of its kind to be held at an ALSA Conference, turned out to be somewhat prophetic, in that two anthropogenic catastrophes—the historic zoonotic pandemic and the cataclysmic wild bushfires—had just begun to strike in December in Wuhan, China and in New South Wales, Australia, respectively. The novel coronavirus pandemic would kill more than 1 million people in the following months, after infecting more than 40 million across the globe. The Australian wild bushfires killed and displaced more than 3 billion animals, becoming the worst wildfire ever recorded in the world. Since that last ALSA Conference in December 2019, multiple anthropogenic disasters have hit various regions in Asia and across the world. The papers in this Special Issue examine various impacts of anthropogenic disasters and propose innovative socio-legal strategies to mitigate them. Included are arguments for the proposal of new legal education curricula and innovative pedagogy on environmental law and the exploration of an international multidisciplinary teaching framework in reconsidering and reshaping human-centric legal education. Also proposed is the development of a robust Earth Jurisprudence based on the adoption of the Rights of Nature principles, while moving away from the Euro-American exploitive view of nature as commodified properties. Additionally proposed is the establishment of a land-based, topological jurisprudence that incorporates the nuanced narratives of indigenous voices in dealing with the threat of human-induced ecological and environmental disasters in the years ahead.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"9 1","pages":"177 - 186"},"PeriodicalIF":0.8,"publicationDate":"2022-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44478611","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":"Legislation as a Social Process: Japanese Family Law and the Drafting of the Bill on the Hague Child Abduction Convention","authors":"Takeshi Hamano","doi":"10.1017/als.2021.37","DOIUrl":"https://doi.org/10.1017/als.2021.37","url":null,"abstract":"Abstract When Japan signed the Hague Convention on the Civil Aspects of International Child Abduction, the government enacted a new act to deal with international parental child abduction according to the Convention in the same year. The Ministries of Justice and Foreign Affairs were immediately in charge of making a draft Bill. Once the government and respective ministries had instantly set up the legal and administrative procedure for dealing with international family issue under the Convention, as some studies argue, simultaneous issues of the family in separation in Japan were underdeveloped. Employing a method of content analysis of the record of policy debates by authorities, observing both diplomatic and domestic frames referred in the debate in contrast, this paper highlights this law-making process delivered and elucidated continuous consecutive inquiries about radical questions of the current Japanese family law regarding the wellbeing of the changing families and their children in contemporary Japan.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"9 1","pages":"316 - 335"},"PeriodicalIF":0.8,"publicationDate":"2022-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49623198","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":"Legal History of Anti-Asian Racism in America - The Rise and Fall of America’s Concentration Camp Law: Civil Liberties Debates from the Internment to McCarthyism and the Radical 1960s. By Masumi IZUMI. Philadelphia: Temple University Press, 2019. 274 pp. Hardcover $69.50","authors":"Jonathan Van Harmelen","doi":"10.1017/als.2021.38","DOIUrl":"https://doi.org/10.1017/als.2021.38","url":null,"abstract":"","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"31 4","pages":"170-172"},"PeriodicalIF":0.8,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138520651","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":"Extra-Territorial Law of Deaths and Injuries in Semi-Colonial Siam - \u0000Sovereign Necropolis: The Politics of Death in Semi-Colonial Siam. By Trais Pearson . Ithaca: Cornell University Press, 2020. xii + 252 pp. Hardcover $49.95","authors":"Piya Pangsapa","doi":"10.1017/als.2021.39","DOIUrl":"https://doi.org/10.1017/als.2021.39","url":null,"abstract":"","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43488211","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 State and the Corporation as Legal Fictions: Original Nation and Dissent - Original Nation Approaches to Inter-National Law: The Quest for the Rights of Indigenous Peoples and Nature in the Age of Anthropocene. By Hiroshi FUKURAI & Richard KROOTH. New York: Palgrave Macmillan, 2021. xxii + 370 pp. Hardcover $127.99 doi:10.1007/978–3–030–59273–8","authors":"Archie Zariski","doi":"10.1017/als.2021.40","DOIUrl":"https://doi.org/10.1017/als.2021.40","url":null,"abstract":"","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"15 1","pages":"172-175"},"PeriodicalIF":0.8,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138520682","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":"Resilience through Synergy? The Legal Complex in Sri Lanka’s Constitutional Crisis","authors":"Dinesha Samararatne","doi":"10.1017/als.2021.36","DOIUrl":"https://doi.org/10.1017/als.2021.36","url":null,"abstract":"What types of institutional dynamics and conditions allow constitutional resilience in the face of attempts at undermining gains in a constitutional democracy? Using Sri Lanka as a case-study, I claim that the legal complex acting in synergy with independent public institutions (the Speaker of the Parliament) and civil society can produce constitutional resilience. Synergy between the legal complex and these institutions can transform constitutional vulnerability into constitutional resilience. I argue therefore that the legal complex theory must be extended to consider the ways in which it can work in synergy with other public institutions in being resilient against attempts at rolling back gains for constitutional democracy. I argue further that synergy between the legal complex and formal and informal institutions over the short term can only result in “simple” constitutional resilience. The development of “reflexive” constitutional resilience requires long-term synergy between the legal complex and other public institutions.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46729102","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":"Monetizing Legal Assets: Social and Economic Benefits of Third-Party Dispute Finance in Asia","authors":"Cheng-Yee Khong","doi":"10.1017/als.2021.34","DOIUrl":"https://doi.org/10.1017/als.2021.34","url":null,"abstract":"Abstract This article explains third-party dispute finance, including practical issues relating to the funding process and how to choose a funder. It examines some of the social benefits of funding and its importance in an economic downturn, and looks at some of the risks of dispute finance. It also considers the regulation of dispute finance in various Asian jurisdictions, as well as recent industry trends, including the use of dispute funding by well-resourced corporates and dispute-finance products for companies. It explains funding for insolvency-related claims and funding for the enforcement of awards and judgments. Finally, it provides two case-studies in which funding provided access to justice and enabled the funded party to recover a non-performing loan in multiple jurisdictions.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"10 1","pages":"204 - 218"},"PeriodicalIF":0.8,"publicationDate":"2021-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47892275","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}