How do legal systems actually operate outside of Western European or North American liberal democracies? To understand law and legal institutions globally, we must go beyond asking if countries comply with idealized, yet under-theorized, rule of law principles to determine how they work in practice. Examining legal regimes across different areas of criminal and civil law in both urban and rural China and Indonesia during distinct periods from 1949 to the present, William Hurst offers a new way of understanding how cases are adjudicated (and with what implications) across authoritarian, developing, post-colonial, and newly democratizing settings. This is the first systematic comparative study of the world's largest Communist and majority-Muslim nations, and the most comprehensive scholarly work in many years on the micro-level workings of either the Chinese or Indonesian legal system at the grassroots, based on a decade of research and extensive fieldwork in multiple Indonesian and Chinese provinces.
Author(s): William Hurst
Series: Cambridge Studies In Law And Society
Publisher: Cambridge University Press
Year: 2018
Language: English
Pages: 0
City: China., Indonesia.
Tags: Law: China, Law: Political Aspects: China, Rule Of Law: China, Law: Indonesia, Law: Political Aspects: Indonesia, Rule Of Law: Indonesia, Law: Civil Procedure, Law: Legal Services, Political Science: Government: Judicial Branch, Law, Law: Political Aspects, Rule Of Law, China, Indonesia
Cover
Half Title
Series page
Title page
Imprints page
Contents
List of Figures
List of Tables
Preface
Introduction
Chickens, Fertilizer, and Legal Regimes
Ruling Before the Law
Background and Significance
Conceptual Framework and Motivating Questions
Comparing China and Indonesia and Comparing within Each
1 Understanding Legal Regimes
Introduction
General Contours of Prior Scholarship
Research on Comparative Legal Traditions
Research on Law, Development, Authoritarianism, and Democratization
Persistent Gaps and Remaining Lacunae
Legal Regimes Differentiating Legal Regimes from Rule of LawLegal Regimes: Outline of a Concept
Utility of Legal Regimes for Understanding Complex Realities
Using Legal Regimes to Guide Empirical Analysis
Distinguishing between Public and Private (or Criminal and Civil) Law
Distinguishing between Urban and Rural Justice Systems
The Logic of Comparison and Research Approach
Internationalizing Subnational Comparison
The Method Applied
Data and Empirical Approach in Light of Prior Research
Conclusion
2 An Historical Overview of Indonesian and Chinese Legal Regimes
Introduction Crisis, Punctuated Equilibrium, and the Study of Legal InstitutionsThe Development of the Chinese Legal System before 1949
Chinese Courts and Legal Institutions, 1949-1978
The Chinese Legal System, 1979-2001
China's Legal System since 2002
The Development of the Indonesian Legal System under the Dutch
Indonesian Legal Institutions during the Japanese Occupation, 1942-1945
The Indonesian Legal System in the Early Years of Independence, 1945-1957
The Indonesian Legal System through Crisis and Transformation, 1957-1974
The Indonesian Legal System under New Order, 1974-1998 Indonesia's Legal System since Reformasi and Democratization, 1998-2017Conclusion
3 Law and Revolution: Mobilizational Justice and Charismatic Politics
Introduction
Indonesia
Paucity of Data on Urban Suits and Criminal Cases
Rural Criminal Cases
Rural Civil Suits
Concluding Thoughts
China
Urban Areas
Rural Areas
Cases from the County P Public Security Bureau
Concluding Thoughts
Conclusion
4 Rule by Law: Authoritarian Legitimacy and Legal Efficiency
Introduction
China
Civil Law in Rural Areas
Civil Law in Urban Areas
Concluding Thoughts
Indonesia Criminal Law in Urban AreasCriminal Law in Rural Areas
Concluding Thoughts
Conclusion
5 Neotraditional Sclerosis: Law in the Service of Stagnant Hierarchies
Introduction
Indonesia
Criminal and Civil Law from Independence to 1955
Criminal Law under New Order
Civil Law under New Order
Civil Law since Reformasi
Criminalized Civil Disputes in the Present Day
Concluding Thoughts
China
Strike Hard (Yanda): Neotraditional Criminal Law in the 1980s and Early 1990s
Neotraditionalism against the Backdrop of Rapid Economic Reform, 1992-2002
Neotraditionalism in Criminal Law since 2002
