Law and Liberty in China and Japan


This Socratic seminar examined liberty in two legal orders in the Far East, Japan and China. Japan provides illustrations of a legal order that departs from the West in many substantive and procedural ways, yet provides a stable legal environment that promotes economic development and individual liberty. China has been undergoing extensive changes in its laws, increasingly privatizing segments of the economy while still under communist rule.


Conference Readings

Belkin, Ira. "China’s Criminal Justice System: A Work in Progress." Washington Journal of Modern China 6, no. 2 (Fall 2000): 2-24, 61-63.

Clarke, Donald C. "Economic Development and the Rights Hypothesis: The China Problem." American Journal of Comparative Law (2003): 89-112.

Clarke, Donald C. "How Do We Know When an Enterprise Exists? Unanswerable Questions and Legal Polycentricity in China." Columbia Journal of Asian Law (2005): 50-71.

Gerwitz, Paul. “The U.S. – China Rule of Law Initiative.” William and Mary Bill of Rights Journal (2003): 603-621.

Hand, Keith. "Can Citizens Vitalize China’s Constitution?" Far Eastern Economic Review (May 2007): 15-19.

Ramseyer, Mark and Minoru Nakazato. Japanese Law: An Economic Approach. Chicago: The University of Chicago Press, 1999.