MASTER OF LAWS
Course Code :
LAW 603
Course Title
:
Law & Economic Development – Asian Experiences
Instructor
:
Dr Benny Tabalujan
Title
:
Adjunct Associate Professor
Email
:
b.tabalujan@mbs.edu
Date Submitted :
6 November 2012
PRE-REQUISITE/CO-REQUISITE/MUTUALLY EXCLUSIVE COURSE(S)
N/A
COURSE SPECIALISATION
ELECTIVE
GRADING BASIS
Graded
COURSE UNIT
1 CU
FIRST OFFERING TERM
Academic Year: AY2012/2013
Academic Term: Term 4 (March 2013)
Classes:
From 9.00am-12noon and 3.00-6.00pm on 15, 16, 22, 23 & 30 March 2013
(Fri, Sat, Fri, Sat, Sat)
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COURSE DESCRIPTION
This interdisciplinary course examines the relationship between law and economic
development with an emphasis on the experience of several Asian jurisdictions. The
course begins with an introductory survey of the “law and development” field and
highlights key questions and themes which are the focus of this area of study. The
course then explores how the rule of law concept – in its different manifestations –
has been introduced and applied in Asia. In addition, we examine how law interacts
with economics, and vice-versa, to affect a country’s economic development. This is
done from the perspective of legal institutions, substantive law and legal culture. Four
focus jurisdictions – Singapore, Japan, China and Indonesia – provide case studies
and concrete examples. The course also discusses possible reasons for the success
and failure of specific law reform initiatives in the overall context of nation building.
LEARNING OBJECTIVES
By the end of this course, participants will be able to:

Understand the key questions and themes which revolve around the relationship
between law and economic development within the broader context of nation building
in Asia

Articulate the meaning of the “rule of law” concept and its varieties as found in a
number of Asian jurisdictions

Analyse the way in which legal institutions, substantive law and legal culture can
affect the process of legal reform and the phenomenon of economic development

Gain insights into the relationship between law and economic development in the
focus jurisdictions of Japan, Singapore, China and Indonesia

Critically assess arguments and conclusions regarding causal relationships between
law and economic development in the Asian context.
PRE-REQUISITE/ CO-REQUISITE/ MUTUALLY EXCLUSIVE COURSE(S)
There are no pre-requisites for this course.
RECOMMENDED TEXT AND READINGS
There is no set textbook for this course. One useful reference is the recently published
collection of essays edited by Gerald McAlinn & Caslav Pejovic (noted below). Other
references are also provided below. In addition, key reading materials for each session will
be made available in the student reading pack. It is essential that these materials are read
and reflected upon prior to the commencement of each class.
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Gerald Paul McAlinn & Caslav Pejovic (eds), Law and Development in Asia (New York: Routledge,
2012)
John Garrick (ed), Law, Wealth and Power in China: Commercial Law Reforms in Context (New York:
Routledge, 2011)
Michael Trebilcock & Ronald Daniels, Rule of Law Reform and Development: Charting the Fragile
Path of Progress (Cheltenham, UK: Edward Elgar, 2008)
Christoph Antons (ed), Law and Development in East and Southeast Asia (London: Routledge
Curzon, 2003)
Robert Brown & Alan Gutterman, Asian Economic and Legal Development: Uncertainty, Risk and
Legal Efficiency (London: Kluwer, 1998)
ASSESSMENT METHOD
Class participation: 15%
Students are expected to attend all classes and participate actively in class. The class
participation assessment is intended to acknowledge a student’s effort in respect of: class
attendance; engaging in the key issues discussed in class; demonstrating capacity to
understand conceptual frameworks; and articulating personal views in a cohesive and
persuasive fashion. The assessment will also take into account a student’s demonstrated
willingness to enter into dialogue with other students in a robust and respectful manner.
Syndicate report and presentation: 25%
Depending on class size, each syndicate is to consist of up to 3 students. Each syndicate is
to prepare and submit a written report (not more than 2,500 words) and make an oral
presentation (not more than 15 minutes) on a relevant topic approved by the instructor. The
purpose of this exercise is to gauge the ability to understand key concepts concerning law &
economic development in Asia and provide a persuasive perspective on a specific issue. A
common mark will be given to all members in the syndicate. Oral presentations may
incorporate a Powerpoint presentation and will be followed by a Q&A session with the class.
The written report is to be submitted at least 24 hours prior to the oral presentation. Oral
presentations are expected to take place during class sessions on 30 March 2012. Every
member of the syndicate is expected to take turns in making the oral presentation. Students
should take special note of the need to manage their syndicates properly from the outset.
Individual Research Paper: 60%
The individual research paper (not more than 7,000-words) is to be on a topic selected by
the student and approved by the instructor. The paper is expected to demonstrate the
student’s capacity to undertake research in and to form a cogent and persuasive argument
regarding one or more of the topics or themes covered in the course. The due date for the
research paper is Friday, 26 April 2013.
INSTRUCTIONAL METHODS AND EXPECTATIONS
This course is taught as an intensive during five days over three weekends (Fri, Sat, Fri, Sat,
Sat) in ten units of 3-hour classes. The aggregate of 30 hours of face-to-face class time is
designed to encourage active participation by students. Students are expected to undertake
preparatory reading and reflection of around 1-2 hours for every hour of class time.
Classroom pedagogy will include a mix of mini lectures, seminar-style discussions, syndicate
presentations and case studies. Students are expected to contribute to class discussions
through insights gained from readings as well as personal observations and experiences
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from living and working in various Asian jurisdictions. Peer learning through open sharing is
encouraged.
Important: Academic Integrity
All acts of academic dishonesty (including, but not limited to, plagiarism, cheating,
fabrication, facilitation of acts of academic dishonesty by others, unauthorized possession of
exam questions, or tampering with the academic work of other students) are serious
offences.
All work (whether oral or written) submitted for purposes of assessment must be the
student’s own work. Penalties for violation of the policy range from zero marks for the
component assessment to expulsion, depending on the nature of the offence.
When in doubt, students should consult the instructors of the course. Details on the SMU
Code of Academic Integrity may be accessed at http://www.smuscd.org/resources.html.
PROPOSED COURSE SCHEDULE
Session Topic
Readings (see Reading List below for full references)
Tom Ginsburg, “Does law matter to economic development?” (2000)
1
Introduction to law
& development
Michael Trebilcock & Ronald Daniels, The Rule of Law Reform and
Development (2009), Chapter 1
Jedidiah Kroncke, “Law and development as anti-comparative law” (2012)
2
Rule of law – what
does this mean in
the Asian context?
3
Asian legal
systems (legal
institutions,
substantive law,
legal culture) &
economic
development
4
5
Commercial law
reform – the Asian
experience
Focus jurisdiction:
Singapore
Randall Peerenboom, Asian Discourse of Rule of Law (2004), Preface
John Onhesorge, “Rule of law” (2007)
Lawrence Friedman, “Legal Culture and Social Development” (1969)
Robert Brown & Alan Gutterman, “Cross-cultural view of uncertainty:
anthropological view” (1998)
Robert Boyer, “What institutional regimes for the era of
internationalization?” (2002)
John Ohnesorge, “Law and development orthodoxies and the Northeast
Asian experience” (2012)
Roman Tomasic, “Asian Economic Crisis and Legal Institutions: a tale of
two cities” (2003)
John Ohnesorge, “Asia’s legal systems in the wake of the financial crisis:
can the rule of law carry any of the weight?” (2007)
Davinia Abdul Aziz, “Negotiating the antinomies of the Singapore
constitutional order” (2009)
Arun Thiruvengadam & Michael Ewing-Chow, “Echoes of Through the
Looking Glass: Comparing judicial reforms in Singapore and India” (2012)
4
Harold Baum, “Globalization v Paternalistic Regulation: some thoughts
about economic success, the role of law and the regulation of Japan’s
financial markets” (2003)
6
Focus jurisdiction:
Japan
Graham Mayeda, “Appreciate the difference: the role of different domestic
norms in law & development reform – lessons from China and Japan”
(2006)
Bruce Aronson, “Changes in the role of lawyers and corporate governance
in Japan – how do we measure whether legal reform leads to real change?”
(2009)
Jinfu Chen, “Policy as law and law as policy: the role of law in China’s
development strategy” (2003)
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Focus jurisdiction:
PRC
Connie Carter, “The success of law and development in China: is China the
latest Asian developmental state?” (2012)
Randall Peerenboom, “Conclusion: law, wealth and power in China” (2011)
Christoph Antons, “Japan as a model? Comparing law and development in
Japan, Singapore and Indonesia” (2003)
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Focus jurisdiction:
Indonesia
Simon Butt (2010), “Regional autonomy and legal disorder: the proliferation
of local laws in Indonesia”
Hikmahanto Juwana et al, “Shariah law as a system of governance in
Indonesia: the development of Islamic financial law” (2008)
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10
Syndicate
presentations
Integrative review
Student syndicate reports
Kevin Davis et al, “Symposium: the future of law and development,
Part III” (2009)
Daniel Sokol et al, “Symposium: the future of law and development, Part
IV” (2010)
READING LIST
Session 1
Tom Ginsburg, "Does Law Matter for Economic Development? Evidence from East Asia." 34(3) Law
and Society Review (2000), 829-856
Michael Trebilcock & Ronald Daniels, The Rule of Law Reform and Development: Charting the Fragile
Path of Progress (Cheltenham, UK: Edward Elgar, 2009), Chapter 1, “The relationship of the rule of
law to development”, 1-57
Jedidiah Kroncke, “Law and development as anti-comparative law” (2012) 45 Vanderbilt Journal of
Transnational Law, 477-555
Session 2
Randall Peerenboom, Asian Discourse of Rule of Law (London: Routledge, 2004), Preface, x-xxiii
John Onhesorge, “Rule of law” 2007(3) Annual Review of Law and Social Science, 99-114
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Session 3
Lawrence Friedman, “Legal Culture and Social Development” (1969) 4 Law & Society Review 29
Robert Brown & Alan Gutterman, Asian Economic and Legal Development: Uncertainty, Risk and
Legal Efficiency (London: Kluwer Law, 1998), Chapter 4: “Cross-cultural view of uncertainty:
anthropological view”, 73-90
Robert Boyer, “What institutional regimes for the era of internationalization?” in Yves Dezalay &
Bryant G Garth, Global Prescriptions: The Production, Exportation and Importation of a New Legal
Orthodoxy (Ann Arbor: University of Michigan Press, 2002), 96-138
John Ohnesorge, “Law and development orthodoxies and the Northeast Asian experience” in Gerald
Paul McAlinn & Caslav Pejovic (eds), Law and Development in Asia (London: Routledge, 2012), 9-42
Session 4
Roman Tomasic, “Asian Economic Crisis and Legal Institutions: a tale of two cities” in Christoph
Antons (ed), Law and Development in East and Southeast Asia (London: Routledge, 2003), 358-387
John Ohnesorge, “Asia’s legal systems in the wake of the financial crisis: can the rule of law carry any
of the weight?” in Meredith Jung-En Woo (ed), Neoliberalism and Institutional Reform in East Asia: A
Comparative Study (New York: Palgrave Macmillan, 2007), 63-88
Session 5
Davinia Abdul Aziz, “Negotiating the antinomies of the Singapore constitutional order” [2009]
Singapore Journal of Legal Studies, 661-670
Arun Thiruvengadam & Michael Ewing-Chow, “Echoes of Through the Looking Glass: Comparing
judicial reforms in Singapore and India” in Gerald Paul McAlinn & Caslav Pejovic (eds), Law and
Development in Asia (London: Routledge, 2012), 167-194
Session 6
Harold Baum, “Globalization v Paternalistic Regulation: some thoughts about economic success, the
role of law and the regulation of Japan’s financial markets” in Christoph Antons (ed), Law and
Development in East and Southeast Asia (London: Routledge, 2003), 131-153
Graham Mayeda, “Appreciate the difference: the role of different domestic norms in law &
development reform – lessons from China and Japan” 51(3) (2006) McGill Law Journal, 547-598
Bruce Aronson, “Changes in the role of lawyers and corporate governance in Japan – how do we
measure whether legal reform leads to real change?” 8(2) (2009) Washington University Global
Studies Law Review, 223-240
Session 7
Jinfu Chen, “Policy as law and law as policy: the role of law in China’s development strategy” in
Christoph Antons (ed), Law and Development in East and Southeast Asia (London: Routledge, 2003),
251-270
Connie Carter, “The success of law and development in China: is China the latest Asian
developmental state?” in Gerald Paul McAlinn & Caslav Pejovic (eds), Law and Development in Asia
(London: Routledge, 2012), 89-108
Randall Peerenboom, “Conclusion: law, wealth and power in China” in John Garrick (ed), Law, Wealth
and Power in China: Commercial Law Reforms in Context (London: Routledge, 2011), 272-293
6
Session 8
Christoph Antons, “Japan as a model? Comparing law and development in Japan, Singapore and
Indonesia” in Christoph Antons (ed), Law and Development in East and Southeast Asia (London:
Routledge, 2003), 216-250
Simon Butt (2010), “Regional autonomy and legal disorder: the proliferation of local laws in Indonesia”
[2009] Singapore Journal of Legal Studies, 1-21
Hikmahanto Juwana et al, “Shariah law as a system of governance in Indonesia: the development of
Islamic financial law” 25(4) (2008) Wisconsin International Law Journal, 773-795
Session 9
Student syndicate reports
Session 10
Kevin Davis et al, “Symposium: the future of law and development, Part III” 104 (2009) Northwestern
University Law Review Colloquy, 186-200
Daniel Sokol et al, “Symposium: the future of law and development, Part IV” 104 (2010) Northwestern
University Law Review Colloquy, 238-250

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