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David K. Linnan - Legitimacy, Legal Development and Change: Law and Modernization Reconsidered

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This book addresses critical questions about how legal development works in practice. Can law be employed to shape behavior as a form of social engineering, or must social behavior change first, relegating legal change to follow as ratification or reinforcement? And what is legal developments source of legitimacy if not modernization? But by the same token, whose version of modernization will predominate absent a Western monopoly on change? There are now legal development alternatives, especially from Asia, so we need a better way to ask the right questions of different approaches primarily in (non-Western) Asia, Africa, the Islamic world, plus South America. Incoming waves of change like the Arab spring lie on the horizon. Meanwhile, debates are sharpening about laws role in economic development versus democracy and governance under the rubric of the rule of law. More than a general survey of law and modernization theory and practice, this work is a timely reference for practitioners of institutional reform, and a thought-provoking interdisciplinary collection of essays in an area of renewed practical and scholarly interest. The contributors are a distinguished international group of scholars and practitioners of law, development, social sciences, and religion with extensive experience in the developing world.

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LEGITIMACY, LEGAL DEVELOPMENT AND CHANGE

For Kim, for patience.

Legitimacy, Legal Development and Change

Law and Modernization Reconsidered

Edited by

DAVID K. LINNAN
Law & Finance Institutional Partnership (LFIP), Indonesia University of South Carolina School of Law, US Asian Law Centre, Melbourne, Australia

ASHGATE

David K. Linnan 2012

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher.

David K. Linnan has asserted his right under the Copyright, Designs and Patents Act, 1988, to be identified as the editor of this work.

Published by
Ashgate Publishing Limited
Wey Court East
Union Road
Farnham
Surrey, GU9 7PT
England

Ashgate Publishing Company
Suite 420
101 Cherry Street
Burlington
VT 05401-4405
USA

www.ashgate.com

British Library Cataloguing in Publication Data

Legitimacy, legal development and change : law and modernization reconsidered.

Law reform. Sociological jurisprudence.

I. Linnan, David K., 1953-

340.3-dc23

Library of Congress Cataloging-in-Publication Data

Linnan, David K., 1953-

Legitimacy, legal development, and change : law and modernization reconsidered / by David K. Linnan.

p. cm.

Includes bibliographical references and index.

ISBN 978-0-7546-7728-4 (hardback) -- ISBN 978-0-7546-9445-8 (ebook)

Law--History. Rule of law. Law reform. I. Title.

K150.L56 2011

340.115--dc23

2011049377

ISBN 9780754677284 (hbk)
ISBN 9780754694458 (ebk)
ISBN 9781409498018 (ebk-ePUB)

Printed and bound in Great Britain by the MPG Books Group UK Contents - photo 1
Printed and bound in Great Britain by the MPG Books Group, UK

Contents


David K. Linnan


David K. Linnan


Joseph M. Isanga


Andrew Harding and Peter Leyland


Darminto Hartono


Liu Dongjin


Tarak Abdallah


Lily Zakiyah Munir


Peter J. Haas


Robin Bush


Julia Suryakusuma


Erman Rajagukguk


Veronica L. Taylor


John O. Haley


Kent Anderson and Peter Kirby


Edgardo Buscaglia


Raul A. Sanchez Urribarri


Lydia Brashear Tiede


Gordon B. Smith


Alexei Trochev


Eugene Huskey


Joel H. Samuels


Angelika Nu berger


Michael Kubiciel


Marsudi Triatmodjo

List of Figures and Tables

Figures

Tables

List of Contributors

Tarak Abdallah is an Associate Professor at the Institute for Islamic World Studies at Zayed University, UAE. He studied economics at the Universities of Tunis (BS 1985) and Paris X Nanterre (MA 1987; PhD 1992) and sociology at the University of Quebec (PhD 1999). His research interests include Islamic economics, waqf and social institutions, as well as civil society in the Arab world. Beyond his academic role, he has advised a variety of charitable institutions in the Middle East and Southeast Asia as well as the UNDP.

Kent Anderson is a comparative lawyer specializing in Japan. He joined the University of Adelaide in 2012 as Pro Vice-Chancellor (International) and Professor of Law in the Adelaide Law School. He has an eclectic background doing his tertiary studies in Japan, US, and the UK. Kent first worked as a marketing manager with a US regional airline in Alaska, then as a practicing commercial lawyer in Hawaii, and subsequently joined academia as associate professor at Hokkaido University School of Law. For the decade before joining the University of Adelaide, he held a joint appointment at the Australian National University College of Law and Faculty of Asian Studies, where he was Director from 20072011.

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