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Confucian Culture and Competition Law in East Asia [Kietas viršelis]

(Monash University, Victoria),
  • Formatas: Hardback, 400 pages, aukštis x plotis x storis: 235x159x28 mm, weight: 760 g, Worked examples or Exercises
  • Išleidimo metai: 08-Sep-2022
  • Leidėjas: Cambridge University Press
  • ISBN-10: 1108488234
  • ISBN-13: 9781108488235
Kitos knygos pagal šią temą:
Confucian Culture and Competition Law in East AsiaDidesnis paveikslėlis
  • Formatas: Hardback, 400 pages, aukštis x plotis x storis: 235x159x28 mm, weight: 760 g, Worked examples or Exercises
  • Išleidimo metai: 08-Sep-2022
  • Leidėjas: Cambridge University Press
  • ISBN-10: 1108488234
  • ISBN-13: 9781108488235
Kitos knygos pagal šią temą:
Pastovi nuoroda: https://www.kriso.lt/db/9781108488235.html
Raktažodžiai:
Competition law is a significant legal transplant in East Asia, where it has come into contact with deeply rooted variants of Confucian culture. This timely volume analyses cultural factors in mainland China, Japan and Korea, focusing on their shared but diversely evolved Confucian heritage. These factors distinguish the competition law systems of these countries from those of major western jurisdictions, in terms of the goals served by the law, the way enforcement is structured, and the way subjects of the law respond to it. Concepts from cultural studies inform a new and eclectic perspective on these dynamics, with the authors also drawing on ideas from law and economics, comparative law, East Asian studies, political science, business management and ethics, and institutional economics. The volume presents a model for cultural analysis of comparative legal topics and contributes to a greater understanding of the challenges to deeper convergence of competition laws between East and West.

This timely book explores the relevance of culture in the development and practice of competition law in East Asia, shedding light on differences that may present challenges to deeper convergence of competition laws between East and West. Interested readers will include legal scholars, practitioners and competition agency officials.

Recenzijos

'This is an exemplary piece of social research that illuminates an important feature of international competition law and business arbitration. As well, it stands a model for all those who want to undertake comparative research on law and legal culture. It should have a wide readership far beyond those interested in Asian-pacific business law and practices.' Malcolm M. Feeley, Claire Sanders Clements Dean's Professor of Law, Emeritus; Jurisprudence and Social Policy Program, School of Law, UC Berkeley 'This book deeply describes the influence of Confucian culture on competition law in East Asia. Confucianism certainly influences politics, economy, society and law in China, for example, competition was deemed as a dreadful monster of capitalism in China even in the 1980s. However, even China's competition law will be imprinted with traditional culture inevitably, but its development depends almost solely on the breadth and depth of China's economic system reform.' Xiaoye Wang, Distinguished Professor, Shenzhen University; Professor of Law, Chinese Academy of Social Sciences 'This book is an outstanding work and a tour de force for everyone interested in competition policy and in business law and culture as well. When, in the wake of globalisation and of worldwide spill over of competition policy spurred by the International Competition Network, competition rules have expanded its role in East Asia, especially in China. It is fundamental to understand, as the authors rightly argue, that culture contributes to the shaping of its institutions. Reading this book is a major first step for understanding that reality and its far-reaching consequences.' Luķs Silva Morais, Jean Monnet Professor of Law, University of Lisbon 'This rousing monograph deals with Confucius and antitrust law; with differences and similarities between Western and Eastern regimes of competition policy, antitrust law and legal application and enforcement; with different legal and organizational cultures and finally - and this is where it gets really exciting - with the different legitimacy of legal disputes in East and West, because if a deficit in legal disputes can be detected in Far Eastern countries, such a finding cries out for explanation.' Jacob Kornbeck, ÖZK - Austrian Competition Journal

Daugiau informacijos

Shows how cultural factors have influenced the development of competition law in China, Japan and Korea.
Preface ix
List of Abbreviations
xiii
1 Introduction
1(17)
1.1 The Concept of Culture
2(1)
1.2 Confucian Culture and Confucianisms in East Asia
3(3)
1.3 Confucian Culture and Competition Law
6(9)
1.3.1 Confucian Business Culture
11(1)
1.3.2 Confucian Corporate Culture and Its Relationship to Compliance
11(1)
1.3.3 Confucian Political-Bureaucratic Culture
12(1)
1.3.4 Confucian `Litigation Culture' and Its Relationship to Private Antitrust Enforcement
13(1)
1.3.5 Confucian Legal Culture and Its Relationship to the Criminalization of Cartels
14(1)
1.4 Structure of the Book
15(3)
2 Confucian Culture and Its Influence in East Asia
18(17)
2.1 Brief Summary of (Prototypical) Confucian Philosophy
18(4)
2.2 The Impact of Confucian Culture in East Asia
22(11)
2.2.1 Mainland China
23(3)
2.2.2 Hong Kong and Taiwan Regions
26(2)
2.2.3 Japan
28(3)
2.2.4 Korea
31(2)
2.3 Conclusion
33(2)
3 Confucian Business Culture and Its Implications for Competition Law
35(53)
3.1 Confucian Business Culture
35(2)
3.2 Confucian Business Culture in Selected Countries and Regions
37(21)
3.2.1 Mainland China
37(2)
3.2.2 Hong Kong and Taiwan Regions
39(3)
3.2.3 Japan
42(11)
3.2.4 Korea
53(5)
3.3 Implications for Competition Law in East Asia
58(28)
3.3.1 The Goals of Competition Law in East Asian Countries and Regions
60(15)
3.3.2 The Relationship between Business Entities and the State
75(4)
3.3.3 Family Ownership
79(2)
3.3.4 Cosiness among Business Groups: Concerns about Market Concentration
81(2)
3.3.5 Business Culture and Competition Law Compliance Programmes
83(1)
3.3.6 Developing a Competition Culture through Education
84(2)
3.4 Conclusion
86(2)
4 Confucian Corporate Culture and Competition Compliance
88(57)
4.1 Competition Compliance
88(10)
4.2 Confucian Corporate Culture
98(16)
4.2.1 Confucian Values
101(3)
4.2.2 Paternalistic Leadership
104(5)
4.2.3 Family Ownership
109(3)
4.2.4 Business Communities
112(2)
4.3 Corporate and Organizational Culture in China, Japan, Korea: Empirical Evidence
114(6)
4.3.1 China
115(2)
4.3.2 Japan
117(2)
4.3.3 Korea
119(1)
4.4 Confucian Corporate Culture and Competition Compliance
120(5)
4.4.1 Corporate Culture as an Internal Control Force
120(3)
4.4.2 Compliance as an Internal Force for Law Enforcement
123(2)
4.4.3 Compliance Should Be Culturally Driven
125(1)
4.5 Incorporating Considerations of Corporate Culture in Competition Compliance Strategies in East Asia
125(18)
4.5.1 Competition Compliance Programmes
127(5)
4.5.2 Paternalistic Leadership at CEO and Senior Manager Level
132(3)
4.5.3 The Compliance Officer
135(3)
4.5.4 Effective Communication and Education
138(3)
4.5.5 Cultural Changes to Shape Business Incentives
141(2)
4.6 Conclusion
143(2)
5 Confucian Political-Bureaucratic Culture and Its Links with the Administrative Enforcement of Competition Law
145(54)
5.1 Introduction
145(1)
5.2 Confucian Public Bureaucracy
146(10)
5.2.1 Confucian Thought on Governance by Virtue
147(3)
5.2.2 Confucian Thought on Authoritarian Governance
150(2)
5.2.3 Implementation of Confucian Thought, Including Rule of Virtue, by the Scholar-Officials
152(4)
5.3 The Influence of Confucian Bureaucracy in East Asian Countries
156(18)
5.3.1 China
158(7)
5.3.2 Japan
165(5)
5.3.3 Korea
170(4)
5.4 Implications for the Administrative Enforcement of Competition Law
174(20)
5.4.1 Confucian Bureaucracy and Administrative Enforcement
175(9)
5.4.2 Confucian Bureaucracy and the Competition Agency
184(7)
5.4.3 The Debate on Industrial Policy versus Competition Policy
191(3)
5.5 Implications for More Effective Competition Enforcement in East Asia
194(2)
5.6 Conclusion
196(3)
6 Confucian `Litigation Culture' and the Under-development of Private Antitrust Enforcement
199(91)
6.1 Introduction
199(9)
6.2 Traditional and Evolving `Litigation Culture' in East Asian Countries
208(38)
6.2.1 Harmony and Non-litigious Culture
209(18)
6.2.2 The Role of Courts and Judges
227(12)
6.2.3 The Role of Lawyers
239(7)
6.3 The (Under-) Development of Private Enforcement of Competition Law in East Asia
246(24)
6.3.1 China
246(8)
6.3.2 Japan
254(9)
6.3.3 Korea
263(7)
6.4 General Discussion
270(18)
6.4.1 Limited Relief for Individual Victims
273(1)
6.4.2 Class Actions
274(14)
6.5 Conclusion
288(2)
7 Confucian Legal Culture and the Regional Response to the Criminalization of Cartel Conduct
290(46)
7.1 Introduction
290(4)
7.2 Legalism and the Concept of Law in Ancient China
294(10)
7.2.1 The Concept of Law and Penal Law in Ancient China
296(1)
7.2.2 Fa Jia and Legalism
297(3)
7.2.3 Penalties
300(2)
7.2.4 The Instrumental Use of Law
302(2)
7.3 Moral and Penal Law
304(7)
7.3.1 The Confucianization of the Law
307(2)
7.3.2 Defining Moral Wrongfulness
309(1)
7.3.3 A Different Context for Moral Actions
310(1)
7.4 The Impact of Confucianism and Legalism on Legal Culture in East Asia
311(9)
7.4.1 China
312(3)
7.4.2 Japan
315(3)
7.4.3 Korea
318(2)
7.5 Implications for the Criminalization of Cartels in East Asia
320(13)
7.5.1 The Criminalization of Cartels in East Asia
321(7)
7.5.2 Defining the Moral Wrongfulness of Cartels
328(3)
7.5.3 Moral Wrongfulness and Penal Law
331(1)
7.5.4 Prospects for Criminal Enforcement in East Asia
332(1)
7.6 Conclusion
333(3)
8 Conclusion
336(23)
8.1 Recap and
Chapter Structure
336(1)
8.2 Culture as an Aid to Interpretation, not as a Cause
337(2)
8.3 Confucian Culture and Business Activities in East Asia
339(1)
8.4 A Bureaucratic Style of Enforcement
339(1)
8.5 Private Antitrust Enforcement in East Asia
340(3)
8.6 Criminalization of Cartels (I): The Limits of Utilitarianism
343(9)
8.7 Criminalization of Cartels (II): The Role of Morality
352(3)
8.8 Final Remarks
355(4)
Selected Bibliography 359(53)
Index 412
Jingyuan Ma is Associate Professor at the School of Law of Central University of Finance and Economics, Beijing, China. She obtained her PhD from the University of Hamburg, Erasmus University Rotterdam and the University of Bologna, taking part in the European Doctorate in Law and Economics programme (EDLE). Mel Marquis is Deputy Associate Dean and Senior Lecturer at Monash Law School, Melbourne, Australia. He has taught law at several universities in Europe and Asia. He is Special Editor for Competition Law of European Papers: A Journal on Law and Integration, and he is a member of the Centre for Commercial Law and Regulatory Studies. He is a co-founder and co-director of the Monash Inter-Faculty Competition Law and Economics group, and a co-founder of the Rome Antitrust Forum.