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Asian Courts in Times of COVID: Virtualization and the New Normal Asian Journal of Law and Society Pub Date : 2023-10-11 Alvin Yeo, Hock Keng Chan
The unprecedented COVID-19 pandemic has caused restrictive measures to be established in many sectors including the legal and judicial sector; an example is the use of electronic litigation systems and video-conferencing facilities for trials. With the implementation of changes in the legal and judicial sector to adapt to restrictions arising from the pandemic, there is the question of whether the
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Neocolonial Digitality: Analyzing Digital Legal Databases Using Legal Pluralism Asian Journal of Law and Society Pub Date : 2023-10-04 Salwa Tabassum Hoque
A prevalent assumption is that digital legal databases generate an exhaustive and inclusive archive for academics and legal professionals to use for gathering information. Bridging theories and methods from digital media studies and legal anthropology, I challenge this assumption and demonstrate how digitizing law is a politicized process that is tied to legacies of colonialism and modern epistemic
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Making Love Legible: Queering Indian Legal Conceptions of “Family” Asian Journal of Law and Society Pub Date : 2023-07-10 Hrishika Jain
The state has historically played favourites—by incentivizing conventional families and clamping down on alternative families like ascetic maths, it ensured that the heteronormative family flourished. I trace the socio-legal histories of families and establish a constitutional imperative for “family equality” located in the rights to religious freedom, privacy, and equal treatment, and propose that
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How Casinoization Affects the Police in Macao Asian Journal of Law and Society Pub Date : 2023-07-05 Tang In Lao, Jianhua Xu
The past two decades have witnessed Macao’s development into the casino capital of the world. Casinos have significantly transformed all respects of Macao society—a phenomenon termed as the casinoization of Macao. While much research has explored how casinoization has affected Macao’s socioeconomic developments, empirical research on the relationship between casinoization and law enforcement agencies
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Algorithmic Credit Scoring in Vietnam: A Legal Proposal for Maximizing Benefits and Minimizing Risks Asian Journal of Law and Society Pub Date : 2023-06-30 Nicolas Lainez, Jodi Gardner
Artificial intelligence (AI) and big data are transforming the credit market around the world. Algorithmic credit scoring (ACS) is increasingly used to assess borrowers’ creditworthiness, using technology to glean non-traditional data from smartphones and analyze them through machine-learning algorithms. These processes promise efficiency, accuracy, and cost-effectiveness compared with traditional
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The Malay Monarchies in Constitutional and Social Conception Asian Journal of Law and Society Pub Date : 2023-01-30 Andrew Harding, Harshan Kumarasingham
This article examines the constitutional nature of the Malaysian monarchies in their social context. We discuss the evolution of the monarchies through pre-colonial, colonial, and post-colonial history, and account for their survival despite several attempts to curb their powers, including restriction of the royal assent and sovereign immunity. It is argued that the powers of the monarchies respond
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The Progressive Monarchy of Bhutan: A Not-So-Absolute Monarchy to a Democratic Constitutional Monarchy Asian Journal of Law and Society Pub Date : 2023-01-30 Nima Dorji
This article provides a descriptive account of the evolution of the Bhutanese monarchy, and normative claims about its endurance and its nature, suggesting that the monarchy is both the expression of as well as the guardian of the country’s constitutional identity. Bhutan became a democratic constitutional monarchy by adopting the written Constitution in 2008 after a successful 100 years of hereditary
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Beyond the Sharia State: Public Celebrations and Everyday State-Making in the Malay Islamic Monarchy of Brunei Darussalam Asian Journal of Law and Society Pub Date : 2022-11-25 Dominik M. Müller
This article describes post-colonial state-making in the absolute monarchy of Brunei. After detailing the Sultan’s powers, contextualizing the monarchy’s stability, and introducing its state ideology, Melayu Islam Beraja (“MIB”), the article addresses formal laws, such as Brunei’s Constitution and a new Islamic penal code, which are symbolically significant for the MIB state’s (self-)legitimation but
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A Constitutional Ethnography of Monarchy: Buddhist Kingship, “Granted Constitutionalism,” and Royal State Ceremonies in Thailand Asian Journal of Law and Society Pub Date : 2022-11-23 Eugénie Mérieau
This paper defines constitutional ethnography as the cultural study of constitutionalism through its symbolic representations. By focusing on the materiality of constitutionalism as embodied in various state ceremonies such as ceremonies of “royal octroy” (constitution-granting ceremonies) as well as in state monuments honouring the Constitution, it strives to offer an ethnography of a polity’s constitutional
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The Symbolic Safeguard: Royal Absence in Cambodia’s Constitutional Monarchy Asian Journal of Law and Society Pub Date : 2022-11-23 Ben Lawrence
The product of an internationalized peace process, Cambodia’s 1993 Constitution restored the monarchy and endowed the Crown with a political safeguarding role that successive kings have been unable to fulfil in practice. After a brief survey of the tragic modern history of Cambodia’s monarchy, this paper outlines the formal constitutional role of the king, highlighting the central dichotomy between
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Monarchical Constitutional Guardianship and Legal Métissage in Asia Asian Journal of Law and Society Pub Date : 2022-10-24 Maartje De Visser, Andrew Harding
This article presents a roadmap for examining the phenomenon of monarchy in Asia, which we conceive as a pluralist institution in a twofold manner. First, many monarchies discharge a wide range of roles and responsibilities ranging from the symbolic to the religious to the legal-political. These varied functions can be usefully captured under the notion of constitutional guardianship, and call for
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Demystifying the proliferation of online peer-to-peer lending in Indonesia: Decoding fintech as a regulatory challenge Asian Journal of Law and Society Pub Date : 2022-10-11 David Tan
This paper purports to study the enormous proliferation of fintech online peer-to-peer (P2P) lending in Indonesia, along with their risks and the prevailing regulations of fintech online P2P lending. This article also suggests a varied spectrum of regulatory actions for regulating online P2P lending as an approach to increase consumer protection and stimulate the growth of Indonesia’s financial inclusion
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A Comparative Study of Socio-Legal Scenarios in the COVID-19 Pandemic: Focusing on Asian Responses Asian Journal of Law and Society Pub Date : 2022-09-19 Kunihiko Yoshida
This article first distinguishes three governance scenarios that have been enacted in the COVID-19 pandemic, including identification and control; herd immunity without policy adjustments; and periodic lockdowns and hasty opening. In suggesting how different governments’ strategies were taxonomized into these categories, the paper examines major socio-legal challenges, including variations in social
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Independent Directors and Team Production in Japanese Corporate Governance Asian Journal of Law and Society Pub Date : 2022-09-14 Andrew Johnston, Kohei Miyamoto
Independent directors (IDs) in listed Japanese companies have gradually increased with the transplant of the Western model of the monitoring board. In practice, however, IDs act more like the mediating hierarch in team production theory than the agent of the shareholders, albeit with a number of differences from Blair and Stout’s seminal model. Japanese IDs mediate formally and informally, resolving
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The COVID-19 crisis, Herd Immunity, and “Vaccine Apartheid” in the Age of Anthropocene Asian Journal of Law and Society Pub Date : 2022-08-24 Hiroshi Fukurai, Robin Gabriel, Xiaochen Liang
The coronavirus pandemic has led to millions of deaths around the world. In many countries, it has also exposed long-standing inequities and injustices in health care, income distribution, labour market practice, and social protection for the poor, women, indigenous peoples, and other marginalized segments of the population. The disproportionate casualties among vulnerable populations have also exposed
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Coloniality and Necropolitics in the Age of COVID-19: The Question of Palestine Asian Journal of Law and Society Pub Date : 2022-08-18 Robin Gabriel
This article interrogates the necropolitical logics of the Israeli settler-state apparatus towards Palestinians in the Occupied Territories during the COVID-19 pandemic. It examines these logics and practices through the prism of coloniality, which conceptualizes manifestations of colonialism (whether material, epistemic, or ontological) as a diffuse set of practices, opening up the conversation to
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Can Rights of Nature Save Us from the Anthropocene Catastrophe? Some Critical Reflections from the Field Asian Journal of Law and Society Pub Date : 2022-05-11 Lieselotte Viaene
The world can no longer deny that the planet is on the verge of an Anthropocene catastrophe. As scientists from different fields and from around the globe are discussing the causes, impacts, challenges, and solutions to the arrival of this human-induced new geological time, the field of law cannot remain behind. Rights of Nature (RoN), granting legal personhood to nature and its elements such as rivers
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A Sense of Place with Landmark Judgments: Anthropogenic Justice, Wildlife Extinction, and Climate Change Asian Journal of Law and Society Pub Date : 2022-04-01 Peter D. Rush
It will be familiar to many that the environmental emergency of our times generates a number of difficulties for our thinking of law and society. It is argued in this essay that the languages of place-making make some sense of these predicaments. The essay proceeds through the close reading of an Extinction Rebellion protest and two landmark judgments. The protests, and their policing, are keyed to
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The Garment Industry in Bangladesh, Corporate Social Responsibility of Multinational Corporations, and The Impact of COVID-19 Asian Journal of Law and Society Pub Date : 2022-03-30 Ninia Reza, Jean Jacques Du Plessis
This article investigates the Bangladeshi garment industry that supplies ready-made garments for global brands and the corporate social responsibilities (CSRs) of the brands/multinational corporations (MNCs) towards their supply chains. Although outsourcing and global trade have boosted the living standards of many people in the Bangladeshi garment industry, there are some significant concerns regarding
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Exploring the future of commercial dispute resolution in Asia: Accelerating efficiency and effectiveness in ADR Asian Journal of Law and Society Pub Date : 2022-03-30 Hiroyuki Tezuka, Mihiro Koeda
Since 2017, Japan has rapidly developed its hard and soft infrastructure to accelerate the use of alternative dispute resolution (ADR) in Japan, such as establishing the Japan International Dispute Resolution Center and the Japan International Mediation Center, Kyoto, as well as amending the Foreign Lawyers Act. The legislative process to amend the Japanese Arbitration Act is underway and discussions
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Integrating the Anthropocene in Legal Education: Considerations for Asia Asian Journal of Law and Society Pub Date : 2022-03-09 Jonathan Liljeblad
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
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Legislation as a Social Process: Japanese Family Law and the Drafting of the Bill on the Hague Child Abduction Convention Asian Journal of Law and Society Pub Date : 2022-02-18 Takeshi Hamano
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
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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 Asian Journal of Law and Society Pub Date : 2021-12-01 Jonathan Van Harmelen
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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 Asian Journal of Law and Society Pub Date : 2021-11-25 Archie Zariski
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From Mythic Saviours to #MeToo at the Indian Supreme Court Asian Journal of Law and Society Pub Date : 2021-11-16 Deepa Das Acevedo
The Indian Supreme Court has long enjoyed an almost mythic reputation for progressive and creative jurisprudence, but a series of recent scandals is beginning to erode this well-settled authority. One of the most troubling of these incidents has been an allegation of sexual harassment and intimidation by a Court staffer against then sitting Chief Justice of India (CJI) Ranjan Gogoi. This article draws
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Land-Law Reforms in Vietnam and Myanmar: “Legal Transplant” Viewed from Asian Recipients Asian Journal of Law and Society Pub Date : 2021-11-16 Yuka Kaneko
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
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Resilience through Synergy? The Legal Complex in Sri Lanka’s Constitutional Crisis Asian Journal of Law and Society Pub Date : 2021-11-16 Dinesha Samararatne
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
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Monetizing Legal Assets: Social and Economic Benefits of Third-Party Dispute Finance in Asia Asian Journal of Law and Society Pub Date : 2021-11-12 Cheng-Yee Khong
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
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Arbitration in Syria: Navigating Postwar Disputes Asian Journal of Law and Society Pub Date : 2021-10-28 Faris Elias Nasrallah
The place of arbitration within the Syrian legal system has received scant academic and professional attention, and as such, remains largely unstudied. Shedding much-needed light on the nature of arbitration in Syria as a resilient form of ancient customary Arab alternative dispute resolution, this contribution appraises the salient features of the Syrian Arbitration Law 2008 and arbitration-related
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Role of Clients, Lawyers, Judges, and Institutions in Hiking Litigation Costs in Bangladesh: An Empirical Study Asian Journal of Law and Society Pub Date : 2021-10-12 Ummey Tahura
This paper investigates how individuals such as judges, lawyers, clients, and court staffers as well as institutions are elevating litigation costs in Bangladesh in multiple ways. It explores how the existing law and procedures as well as key institutions further promote case delay. It also examines the ways in which police departments and the prosecution contribute to elongate criminal trials and
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Cross-border dispute resolutions in Asia and beyond - New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution By Luke Nottage, Shahla ALI, Bruno JETIN, & Nobumichi TERAMURA, eds. Alphen aan den Rijn: Kluwer Law International BV, 2020. 370 pp. Hardcover $161.00 Asian Journal of Law and Society Pub Date : 2021-10-01 Leon Wolff
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A Quantitative Analysis of Legislation with Harsher Punishment in Japan Asian Journal of Law and Society Pub Date : 2021-10-01 Shunsuke Kyo
The purpose of this study is to show how the Japanese government has created laws with harsher punishment since the 1990s. While a tendency toward harsher punishment is common in advanced Western countries, a similar tendency in Japan has prompted scholarly discussion on whether it can be understood through the “penal-populism” framework. However, it lacks in systematic evidence. This study presents
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What Makes a Good Judge? Perspectives from Indonesia Asian Journal of Law and Society Pub Date : 2021-10-01 Simon Butt
In May 2018, Artidjo Alkostar retired from the Supreme Court of Indonesia after a judicial career spanning almost two decades. Over this period, he presided over many of Indonesia’s most prominent and controversial criminal cases and became renowned for routinely rejecting corruption appeals and increasing prison sentences. In the celebratory publications that marked his retirement, Alkostar was held
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Principles of Asian Contract Law at the Crossroads of Standardization and Legal Pluralism Asian Journal of Law and Society Pub Date : 2021-09-29 A. Grebieniow
The Principles of Asian Contract Law (PACL) are the most recent addition to the series of uniform laws regarding transnational commercial contracts. This time, the harmonization initiative must address the problem of a great variety of legal traditions, all of which are quite difficult to reconcile. The author focuses on the object and objectives of the PACL by reconsidering the notion of “Asian law”
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Assessment of the Responsibility of Local Governments in Indonesia for the Management of Refugee Care Asian Journal of Law and Society Pub Date : 2021-09-21 I Nyoman Suyatna, I Made Budi Arsika, Ni Gusti Ayu Dyah Satyawati, Rohaida Nordin, Balawyn Jones
This article assesses the responsibility of local governments in Indonesia for the management of refugee care, following the enactment of Presidential Regulation No. 125 of 2016 concerning the Treatment of Refugees (the “PR”). It highlights the limited authority of local governments in handling refugee issues—which is an issue that cuts across several national legal and administrative regimes including
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The Constitutional Right to Asylum and Humanitarianism in Indonesian Law: “Foreign Refugees” and PR 125/2016 Asian Journal of Law and Society Pub Date : 2021-09-21 Bilal Dewansyah, Ratu Durotun Nafisah
Article 28G(2) in Indonesia’s 1945 Constitution reflects a human rights approach to asylum; it guarantees “the right to obtain political asylum from another country,” together with freedom from torture. It imposes an obligation upon the state to give access to basic rights to those to whom it offers asylum, following an appropriate determination procedure. By contrast, in Presidential Regulation No
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The False Promise of Presidential Regulation No. 125 of 2016? Asian Journal of Law and Society Pub Date : 2021-09-21 Susan Kneebone, Antje Missbach, Balawyn Jones
In this Introduction, Indonesia’s approach towards refugee protection is contextualized historically and regionally in light of the enactment of Presidential Regulation No. 125 of 2016 concerning the Treatment of Refugees (PR). In particular, we describe the legal and policy framework for refugee protection in Indonesia and analyze its underlying norms and values, including the constitutional right
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The Role of Local Governments in Accommodating Refugees in Indonesia: Investigating Best-Case and Worst-Case Scenarios Asian Journal of Law and Society Pub Date : 2021-09-21 Antje Missbach, Yunizar Adiputera
This article analyses the “local turn” in refugee governance in Indonesia through a comparative case-study of two cities: Makassar and Jakarta. It compares how these two cities have responded to the obligations to provide alternative accommodation to detention, imposed upon them by the Presidential Regulation No. 125 of 2016 concerning the Treatment of Refugees (PR). While the shift to non-custodial
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What Are Refugees Represented to Be? A Frame Analysis of the Presidential Regulation No. 125 of 2016 Concerning the Treatment of Refugees “from Abroad” Asian Journal of Law and Society Pub Date : 2021-09-21 Mahardhika Sjamsoe’oed Sadjad
The Presidential Regulation No. 125 of 2016 concerning the Treatment of Refugees (PR) was a promising step to a better humanitarian response for refugees and asylum seekers arriving in Indonesia. It also provided a much-needed legal framework to validate refugees’ presence and to ground civil -society organizations’ advocacy on their behalf. However, a closer look at the PR and earlier drafts of the
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Connecting the Obligation Gap: Indonesia’s Non-Refoulement Responsibility Beyond the 1951 Refugee Convention Asian Journal of Law and Society Pub Date : 2021-08-31 Dio Herdiawan Tobing
This article explains the extent to which Indonesia has international obligations to comply with the non-refoulement principle in the absence of ratification of the 1951 Refugee Convention. While Presidential Regulation No. 125 of 2016 concerning the Treatment of Refugees provides the general impression that Indonesia respects the non-refoulement principle, there is no specific text within Indonesian
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Editorial of “Dignity in East Asian Law and Society” Asian Journal of Law and Society Pub Date : 2021-08-25 Setsuo Miyazawa
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Religious Nationalism and Religious Freedom in Asia: Mapping Regional Trends in a Global Phenomenon Asian Journal of Law and Society Pub Date : 2021-08-06 Jaclyn Neo, Brett G. Scharffs
In recent times, religious nationalism has emerged as a major basis for identity and mobilization. In Asia, religious nationalism specifically challenges existing pluralist approaches to constitutional government, which have generally been seen as necessary to ensure peaceful coexistence. The increasing alignment of religious and national boundaries has the worrying capacity to neutralize the “cross-cutting
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Intimate Rivals: The Freedom of Religious Nationalism Asian Journal of Law and Society Pub Date : 2021-08-06 Gilad Abiri
In this article, I argue that religious nationalism poses a unique challenge to the liberal theory of religious freedom. In arguing this, the article first develops and defines an ideal type of religious nationalism through an analysis of Hindu-nationalist and religious Zionist thought. I show that religious nationalism in states like India and Israel have the unique status of intimate rivals. They
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The Excuse of (Il)legality in Discriminating and Persecuting Religious Minorities: Anti-Mosque Legal Violence in Myanmar Asian Journal of Law and Society Pub Date : 2021-08-06 Nyi Nyi Kyaw
This article highlights the convenient excuse of (il)legality used by (1) religious majoritarian mobs to justify attacks against places of worship and religious buildings of minorities; and (2) police and local authorities to absolve themselves of the failure to uphold public order and the rule of law, protect religious minorities, and to punish religious minorities. This article traces the emergence
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The Regulation of Informal Trade Credit (Ograyi) in Afghanistan Asian Journal of Law and Society Pub Date : 2021-06-08 Nafay Choudhury
This article explores the creation, circulation, and regulation of informal trade credit or “ograyi” in Afghanistan. The practice of ograyi allows businesses to access short-term credit, from either their suppliers or third parties, to acquire specified goods. This paper provides an account of the non-legal practices that regulate ograyi transactions. Ograyi vitally depends on the development of trust
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Legal transplants in contemporary Asia: Foreword Asian Journal of Law and Society Pub Date : 2021-06-01 Setsuo Miyazawa
The term “legal transplant” refers to the movement of a rule or a system of law from one jurisdiction to another. The term has been widely used in studies of legal development and change since it was introduced by Allan Watson, a Scottish scholar in Roman law and comparative law, in 1974.1 The jurisdiction in which the transplanted legal rule or legal system originated is usually called a “donor,”
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Minority Rights and Hindu Nationalism in India Asian Journal of Law and Society Pub Date : 2021-04-28 Peter van der Veer
In this paper, I want to focus on some aspects of the political process in India that have an impact on the treatment of religious minorities. Much of the discussion on multicultural jurisdictions deals with differentiated citizenship rights that allow religious groups to maintain their normative universe. This literature shows the tensions surrounding individual and group rights. I want to approach
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The Revival of Buddhist Nationalism in Thailand and Its Adverse Impact on Religious Freedom Asian Journal of Law and Society Pub Date : 2021-04-26 Khemthong Tonsakulrungruang
Triggered by the sense of crisis, the Thai state and Thai Buddhism are renewing their traditional relationship kindled by the monarch-led reform over a century ago. Thai Buddhism is reviving its lost aura and hegemony while the political conservatives are looking for legitimacy and collective identity in a time of democratic regression. The result is the rise of the Buddhist-nationalistic movement
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The Politics of Intolerant Laws against Adherents of Indigenous Beliefs or Aliran Kepercayaan in Indonesia Asian Journal of Law and Society Pub Date : 2021-04-23 Victor Imanuel W. Nalle
Earlier studies have examined the discriminatory effects of laws and policies against the adherents of indigenous beliefs—Aliran Kepercayaan—in Indonesia. However, those studies do not show how the politics of law were developed through the prior sociopolitical processes in Indonesia’s legislative history. This study analyzes how and why the government initiated and later put an end to discrimination
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Disciplining the Accepted and Amputating the Deviants: Religious Nationalism and Segregated Citizenship in Indonesia Asian Journal of Law and Society Pub Date : 2021-04-20 Deasy Simandjuntak
T. H. Marshall’s 1950 seminal work shows that the granting of civil, political, and social rights leads to the institutionalization of rules binding the state and its citizens. In practice, however, citizenship goes beyond these unproblematized paternalistic relations. It is political, involving connection, competition, and conflicts. Isin and Turner (2002) propose that “citizenship” should be examined
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Identity Politics and Refugee Policies in Kupang, Eastern Indonesia: A Politico-Historical Perspective Asian Journal of Law and Society Pub Date : 2021-03-18 Andrey Damaledo
This article assesses the implementation of Presidential Regulation No. 125 of 2016 concerning the Treatment of Refugees and how it relates to different kinds of bureaucratic labelling of refugees as it unfolds in Indonesia’s region of Kupang. From a politico-historical perspective, Kupang is a useful case-study for elucidating the policy implications of the labelling of refugees, as the region has
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An Artificial-Intelligence-Based Semantic Assist Framework for Judicial Trials Asian Journal of Law and Society Pub Date : 2021-02-16 Yaohui JIN, Hao HE
Due to their success in routine tasks such as voice recognition, image classification, and text processing, extensive attention has been aroused on how to use artificial intelligence (AI)-based automation tools in the judicial-trial process to improve efficiency. Meanwhile, judicial trial is a complex task that requires accurate insight and subtle analysis of the cases, law, and common knowledge. Applying
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AI Applications to the Law Domain in Japan Asian Journal of Law and Society Pub Date : 2021-02-12 Katsumi NITTA, Ken SATOH
Artificial intelligence (AI) and law is an AI research area that has a history spanning more than 50 years. In the early stages, several legal-expert systems were developed. Legal-expert systems are tools designed to realize fair judgments in court. In addition to this research, as information and communication technologies and AI technologies have progressed, AI and law has broadened its view from
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Editorial of “Dignity in East Asian Law and Society” Asian Journal of Law and Society Pub Date : 2021-02-01 Setsuo Miyazawa
Dignity embraces justice, rights, rule of law, respect for humanity and diversity as well as a commitment to human engagement, subjects that have been central in the law and society tradition. Dignity is a core idea in many different legal traditions and is shaped by a variety of struggles. It provides a bridge across cultures intersecting with diverse values and identities. Recognizing this central
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Civil juries in Okinawa’s past and Japan’s future - Civil Jury Trials Could Change Japan [Minji Baishin Saiban Ga Nihon Wo Kaeru] By Osamu NIIKURA, Satoru SHINOMIYA, Hiroshi FUKURAI, & Takayuki II Tokyo: Nihon Hyōronsha, 2020. 288 pp. Hardcover $35.00. Asian Journal of Law and Society Pub Date : 2021-02-01 Colin P. A. Jones
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
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Environmental governance in Asia - Transboundary Environmental Governance in Asia: Practice and Prospects with the UNECE Agreements By Simon Marsden & Elizabeth Brandon Cheltenham: Edward Elgar Publishing, 2015. 384 pp. Hardcover $212.00 Asian Journal of Law and Society Pub Date : 2021-02-01 Mehran Idris Khan
Participation],” in O. Niikura, S. Shinomiya, H. Fukurai, et al., eds., Civil Juries Could Change Japan, Tokyo: Nihon Hyōronsha, 158–62. Morino, Toshihiko (2020) “Minji baishin jitsugen he no atsuki omoi [Eagerness for the Realization of Civil Juries],” in O. Niikura, S. Shinomiya, H. Fukurai, et al., eds., Civil Juries Could Change Japan, Tokyo: Nihon Hyōronsha, 94–8. Sparrow, Bartholomew (2006) The
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International Law for Freedom - Justice for Some: Law and the Question of Palestine By Noura ERAKAT Stanford: Stanford University Press, 2019. 352 pp. Hardcover $30.00 Asian Journal of Law and Society Pub Date : 2021-02-01 Robin Gabriel
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
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AI, Norms, Big Data, and the Law Asian Journal of Law and Society Pub Date : 2021-01-13 Håkan HYDÉN
This is an overview article regarding artificial intelligence (AI) and its potential normative implications. Technology has always had inherent normative consequences not least due to AI and the use of algorithms. There is a crucial difference between algorithms in a technical sense and from a social-science perspective. It is a question of different orders of normativity—the first related to the algorithm