Introductions
administrative region of China; five non-socialist republics, Indonesia, Korea, the Philippines, Singapore and Taiwan, all of which are functioning democraÂcies; and three monarchies.
Each of the latter are quite distinctive - Japan is a constitutional monarchy, with the Emperor's role largely ceremonial; Malaysia's King (Yang di PertuanAgong) is one of the Sultans who holds the position on a rotating five-year basis but with limited law-making powers; while Brunei is one of the world's few remaining absolute monarchies, with its Sultan enjoying unfetÂtered law-making power. Apart from Malaysia, which is a federation, all other nations are unitary states, although some have decentralised some key powers. There are two countries - Japan and Korea - which are relatively homogenous in terms of ethnicity and language but ethnic, linguistic and cultural diversity is a feature of the other nine nations. Religion too is marked by divergence. In Brunei, Indonesia and Malaysia (Sunni) Islam is the religion of the majority and as such informs the local culture and national identity, while in the Philippines and Singapore Islam is the religion of a significant minoritybut is accorded formal recognition in each of those legal systems. In the Philippines, Christianity in the form of Roman Catholicism is the faith of the majority and the Roman Catholic Church has for many centuries been a significant force in that country. Japan has its unique indigenous Shinto religion and with its neighbour Korea shares Buddhism and a legacy of Confucian philosophy. In China's and Vietnam's past, Confucianism philosophy dominated but today a secular ideology, socialism, rather than a religion guides those nations. As socialist states, religious adherÂence is tolerated and monitored rather than encouraged, but in sheer numerical terms religious belief - Buddhism, Christianity, Islam and Taoism - is still sigÂnificant. In economic terms, China is the world's second largest economy closely followed by Japan, with Indonesia, the Philippines and Vietnam still developing economies.Although each of the nations can be slotted into the traditional comparative law â€?family' classifications - common law, civil (Roman-Germanic) law, religious law, socialist law and Far Eastern law[11] - the limitations in doing this have been widely acknowledged in the literature.[12] These classifications can be misleadÂing, especially so in Asia, where the plurality of influences has led to systems that are better described as hybrids. So where a comparative family categoriÂsation is used in the book, it is as a form of shorthand, a general guide to the common traits typically identified in such classifications, in the way Friedman acknowledged classifications as helpful â€?in many ways' while emphasising the inherent flaws in such classifications.[13] He highlights the vital role of legal culÂture in any equation, as without it, institutions and laws risk being mere â€?lifeless artefacts'.[14]
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