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How does law travel in Inter-Asia? This chapter focuses on traveling law as an empirical event and does so to reflect on prevailing theories in comparative law that explain how law moves from one jurisdiction to another. The dominant paradigm in comparative law for traveling law is legal transplants, a concept that has generated a sprawling literature. The point of this chapter is not to say that Inter-Asia is aberrational regarding legal transplants; instead, the perspective is to use the Inter-Asian Law material, and specifically the fraught movements of Chinese law in Inter-Asia, to critically reflect on comparative law conventions. Whereas Inter-Asia is embedded within global trade and migration routes, it has also been populated by outsiders – pirates or jihadis – whose participation within those circuits creates contrast and distance, elements that are prerequisites to critical reflection. Chinese law may also be such an outsider that permits reflecting on taken-for-granted paths.
What happens when Western law is no longer the default referent for legal modernity? This is a deceptively simple question, but its implications are significant for such fields as comparative law, international law, and law and development. Whereas much of comparative law is predicated on the idea that modern law flows West to East and North to South, this volume proposes the paradigm of 'Inter-Asian Law' (IAL), pointing to an emerging field of comparative law that explores the legal interactions between and among Asian jurisdictions. This volume is an experimental and preliminary effort to think through other beginnings and endings for law's movement from one jurisdiction to another, laying the grounds for new interactions between legal systems. In addition to providing an analytical framework to study IAL, the volume consists of fifteen chapters written by scholars from Asia and who study Asia that provide doctrinal and empirical accounts of IAL. This title is also available as Open Access on Cambridge Core.
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