Introduction to Asian Comparative Laws

Asian comparative law is built on new developments of comparative law in the twenty-first century. Asia is a significant region of the world with 51 jurisdictions and 60% of global population. The rise of Asia, particularly major world powers such as China and India, has generated great demands for understanding of laws in the region. It is also important to study the laws of Asia where legal experiences are rich, law reforms and legal developments are dynamic.

This course introduces students to major features of seven common themes of comparative law in Asia, including:

• religious law
• colonial law
• authoritarian law
• legal diffusion
• law and development
• regional law
• international law

This course illustrates the themes by experience in four jurisdictions, namely: China, Japan, India, and Singapore. By first focusing on jurisdictions in Asia, this course will expand the jurisdictions covered by comparative law studies beyond the familiar jurisdictions of the Global North. Second, the course goes far beyond the conventional focus on private law, and traditional categories of comparative law in general, to examine under-examined factors that are salient to, and shape, the legal dynamics in Asia. These are religions, colonialism, authoritarianism, economic development, globalization, regionalization, and internationalization. Third, beyond doctrinal and formalist analysis of judicial decisions and legislation, this course adopts an inter-disciplinary and global approach by situating the comparative analysis of laws within the pluralist social context of the Asian jurisdictions, and the dynamics of globalization.