THE RULE OF LAW AND CAPITALISM IN EAST-ASIA

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.