Asian Journal of Law and Society最新文献_第9页

Land-Law Reforms in Vietnam and Myanmar: “Legal Transplant” Viewed from Asian Recipients 越南和缅甸土地法改革:从亚洲接受者的角度看“法律移植”

IF 0.8 3区社会学

Asian Journal of Law and Society Pub Date : 2021-06-01 DOI: 10.1017/als.2020.45

Yuka Kaneko

{"title":"Land-Law Reforms in Vietnam and Myanmar: “Legal Transplant” Viewed from Asian Recipients","authors":"Yuka Kaneko","doi":"10.1017/als.2020.45","DOIUrl":"https://doi.org/10.1017/als.2020.45","url":null,"abstract":"Abstract This paper focuses on the conflict of norms in the interface between the “transplanted” formal law and the local social norms in the land-law reforms in Vietnam and Myanmar, each representing different legal families, while sharing commonness in that both have attempted law-making in the post-colonial independence period in order to restore the basis of the livelihoods of the local population. Both of the legal concepts of “land-use right” (quyen su dung dat) in Vietnam and “land-use right for cultivation” (loat paing kwint) in Myanmar have been the product of law-makers’ restorative attempts at farmland security, while intentionally avoiding usage of the term “ownership” that would result in the capitalist transaction of land as a commodity. However, the contemporary land-law reforms led by donor-oriented “legal transplant” in these countries have resulted in the plunder of such policy, by reintroducing the same mechanisms of land exploitation as existed in the colonial days. Roaring protests of the local agricultural population seem to be a rising-up of the social norm descended from the immemorial past as an unwritten Constitution to bring an end to the centuries-long movement of “legal transplant” of the modern capitalist law.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"8 1","pages":"402 - 428"},"PeriodicalIF":0.8,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43250309","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}

引用次数: 1

Judging and Judgment in Contemporary Asia: Editor’s Introduction to this Special Issue 当代亚洲的判断与判断:本期特刊编者简介

IF 0.8 3区社会学

Asian Journal of Law and Society Pub Date : 2021-06-01 DOI: 10.1017/als.2020.25

D. M. Engel

引用次数: 0

Do Hybrid Legal Systems Matter in Foreign Legal-Aid Programmes? Some Philosophical Aspects of Legal Aid in Uzbekistan as Provided by the Donor States 混合法律制度在外国法律援助方案中重要吗？捐助国在乌兹别克斯坦提供法律援助的一些哲学问题

IF 0.8 3区社会学

Asian Journal of Law and Society Pub Date : 2021-06-01 DOI: 10.1017/als.2020.44

Aziz Ismatov

引用次数: 0

What Makes a Good Judge? Perspectives from Indonesia 怎样才能成为一个好法官?来自印度尼西亚的观点

IF 0.8 3区社会学

Asian Journal of Law and Society Pub Date : 2021-06-01 DOI: 10.1017/als.2020.27

S. Butt

引用次数: 1

From Mythic Saviours to #MeToo at the Indian Supreme Court 从神话救世主到印度最高法院的#MeToo运动

IF 0.8 3区社会学

Asian Journal of Law and Society Pub Date : 2021-06-01 DOI: 10.1017/als.2021.20

Deepa Das Acevedo

引用次数: 0

Relational Dignity, State Law, and Chinese Leftover Women’s Choices in Marriage and Childbearing 关系尊严、国家法律与中国剩女婚育选择

IF 0.8 3区社会学

Asian Journal of Law and Society Pub Date : 2021-02-01 DOI: 10.1017/als.2020.43

Qianni Liu

引用次数: 2

Minority Rights and Hindu Nationalism in India 少数民族权利与印度的印度教民族主义

IF 0.8 3区社会学

Asian Journal of Law and Society Pub Date : 2021-02-01 DOI: 10.1017/als.2020.51

P. van der Veer

引用次数: 3

Civil juries in Okinawa’s past and Japan’s future 冲绳的过去和日本的未来的民事陪审团

IF 0.8 3区社会学

Asian Journal of Law and Society Pub Date : 2021-02-01 DOI: 10.1017/als.2021.12

Colin P. A. Jones

{"title":"Civil juries in Okinawa’s past and Japan’s future","authors":"Colin P. A. Jones","doi":"10.1017/als.2021.12","DOIUrl":"https://doi.org/10.1017/als.2021.12","url":null,"abstract":"evidences from 38 Asian countries and a ton of bibliographic references, the book is a great addition to the burgeoning archives of demographic literature. Their analysis to relate the contraceptive-method mix to family-planning programmes, however, is lacking on multiple fronts. With a lengthy discussion on method-choice theories and conceptual frameworks, the study shapes up very structurally, and yet writings in later chapters are in the mould of a narrative analysis. For instance, the eight key points presented in the conclusion have not been included in the analytic structure and exist only as a suggestive corollary to the observations from country-level analysis. Although this is stylistically congruent with the three policy chapters and with the authors’ claim of it being an “explorative study” and “not all-encompassing,” its discord with the first couple of chapters is quite glaring. It is this epistemic dissonance between a structural and a narrative form of analysis that prevents a truly harmonious synthesis. The book is an explorative study; examined exclusively with literary sources, it attempted to find the causal link between contraceptive choice and population policies. To what extent it has succeeded in that pursuit is debatable, but its value as an introductory read is undeniable. Although not groundbreaking in its findings, a comprehensible narrative style and a lucid prose largely devoid of academic jargon make it a preliminary read not just for demographers, but also for a wide array of practitioners and researchers in the fields of population and health studies and science policy, bureaucrats, and policymakers for both state and non-state organizations, and even for a larger audience not directly related to academia.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"8 1","pages":"183 - 191"},"PeriodicalIF":0.8,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/als.2021.12","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49569582","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}

引用次数: 1

International Law for Freedom 国际自由法

IF 0.8 3区社会学

Asian Journal of Law and Society Pub Date : 2021-02-01 DOI: 10.1017/ALS.2021.13

Robin Gabriel

{"title":"International Law for Freedom","authors":"Robin Gabriel","doi":"10.1017/ALS.2021.13","DOIUrl":"https://doi.org/10.1017/ALS.2021.13","url":null,"abstract":"tocols and on the prospect that accession to the agreement could be extended from regional to international in the future. Given the grave and persistent problems of cross-border air pollution in various parts of Asia, it is appropriate to ask whether the air-pollution Convention, together with the protocols, can offer an adequate regime in response. Chapter Eight summarizes illustrations of implementation and the respect of individual legal instruments in the Central Asian states, which is a part of Asia with the maximum acceptance of the associated treaties as well as protocols. The states in Central Asia are initially seen as an independent geopolitical subregion, where the environmental challenges are well outlined and the specific role of UNECE is appropriately addressed. In this chapter, the different approaches to the EIA, which is also known as “state ecological competence,” is thoroughly explained in order to establish the framework for which the practice with legal agreements has brought particular challenges. Chapter Nine concludes with lessons from the experiences of the Central Asian states for the rest of Asia and the world to answer the related as well as central research questions posed in Chapter One. Ultimately, it would be fair enough to comment that the overarching strength of this book lies in its incredibly thorough articulation of international environmental reforms to address the various transboundary environmental challenges, which can, in reality, mutate once they are translated into the domestic or regional policy arena. Such a comprehensive and detailed scholarship is a treasured contribution to the literature about transboundary environmental governance, particularly in Asian settings.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"8 1","pages":"194 - 197"},"PeriodicalIF":0.8,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/ALS.2021.13","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49321317","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}

引用次数: 0

The Revival of Buddhist Nationalism in Thailand and Its Adverse Impact on Religious Freedom 泰国佛教民族主义的复兴及其对宗教自由的不利影响

IF 0.8 3区社会学

Asian Journal of Law and Society Pub Date : 2021-02-01 DOI: 10.1017/als.2020.48

Khemthong Tonsakulrungruang

引用次数: 2