By Sean Cooney, Tim Lindsey, Richart Mitchell, Zing Zhu
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Additional resources for Law and Labour Market Regulation in East Asia (Routledge Studies in Growth Economiesof Asia)
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State and Civil Society in Indonesia, Clayton, Victoria: Centre of South East Asian Studies, Monash University. Tanzi, V. (1998) ‘Corruption Around the World: Causes, Consequences, Scope and Cures’, International Monetary Fund Staff Papers 45: 559–94. 26 Sean Cooney, Tim Lindsey, Richard Mitchell and Ying Zhu Taylor, V. (2001) ‘Anti-Corruption and Asian Legal Professions’ in T. Lindsey and H. Dick (eds) Corruption in Asia: Rethinking the Good Governance Paradigm, Sydney: Federation Press (in press).
22 Teubner illustrates his argument by considering the transfer from other European systems into English law of the concept of ‘good faith’. 23 Recent labour law studies have begun to take up this challenge: Curran (1997); Woodiwiss (1998); Cooney and Mitchell (2000). 24 Some of the literature on China is discussed below. 25 The following paragraphs draw on Lindsey (2001). 26 Teubner, too, regards legal systems as systems of communication, although he is critical of accounts, such as Legrand’s (1995), comprehensively linking culture and law (Teubner 1998: 14).
Complicating matters further, formal indigenous codes of law in the Asian States have gradually become displaced by systems constitutionally structured on Western ideas, and thus those systems have been increasingly based on liberal capitalist concepts. Contemporary East Asian legal cultures are thus hybrids of both indigenous and Western influences, and in the case of China and Vietnam – both socialist societies undergoing market transition – their legal cultures contain elements of three legal ideologies: traditional, socialist and liberal capitalist.