This article explores the relationship between the emergence of the ru
le of law and the growth of capitalism in East Asia. The basic argumen
t is that legal institutions in East Asia are embedded in the system o
f state-dominated corporatist capitalism of East Asia. This distinctiv
e form of capitalism has produced a system of law and legalism that ne
eds to be clearly distinguished from the orthodox model of liberal leg
alism that underpins the conventional Weberian model. This authoritari
an and statist legalism of East Asia is characterized by two main feat
ures: first, the legal subject is constituted in terms of the enterpri
se or institution rather than the legal person (natural or juristic);
and second, law is used as a technique of rule to implement the policy
objectives or goals of the state. Therefore, East Asian legalism is c
haracterized by rule through law rather than the rule of law.