Asian Regionalism and Law

The Continuing Contribution of ‘Legal Pluralism’

Authored by: Michael Dowdle

Routledge Handbook of Asian Regionalism

Print publication date:  November  2011
Online publication date:  March  2012

Print ISBN: 9780415580540
eBook ISBN: 9780203803608
Adobe ISBN: 9781136634734

10.4324/9780203803608.ch18

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Abstract

This chapter explores a legal manifestation of Asian regionalism, arguing that such a manifestation does indeed exist, and that it derives from Asia’s distinctive economie-monde, to use the terminology developed by Fernand Braudel (1992). This economie-monde has given rise to a correspondingly distinctive legal experience that M. B. Hooker (1975) famously termed ‘legal pluralism’ – a condition in which multiple legal systems inhabit a single political space. As we shall see, the experience of legal pluralism continues to resonate throughout Asia to this day, in the form of what Kanishka Jayasuriya (1998) has identified as ‘reactionary modernization’.

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