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The Rule of Law and Forms of Power: Theorizing the Social Foundations of the Rule of Law in Korea
Abstract
This study offers a theoretical outline for explaining the social foundations of the rule of law, with particular reference to South Korea. It proposes to explicate the conditions for the rule of law in terms of the play of power and to conceive the rule of law as a product of interplay between different forms of power instead of the withdrawal of power. In addition to the two forms of power identified in existing social theory.politico-juridical power and disciplinary power.the study advances a third notion of power, which the author terms “relational power.” It constructs the notion out of the amorphous force emanating from fluid personal relations and interpersonal commitment, which cultural studies of East Asia have discerned in terms of traditional affective ties or guanxi. The study maps permutations linking rule by law and the rule of law with each of the three kinds of power, and discusses how the three kinds of power complement and cancel out one another in strengthening or obstructing rule by law and the rule of law.
- keywords
- rule of law, rule by law, power, nepotism, Asian values, Confucianism
Reference
Arendt, Hannah. 1986. “Communicative Power.” In Power, edited by Steven Lukes. Oxford: Basil Blackwell.
Bohannan, Paul. 1967. “The Differing Realms of the Law.” In Law and Warfare, edited by Paul Bohannan. Austin: University of Texas Press.
Bourdieu, Pierre. 1986. “The Forms of Capital.” In Handbook of Theory and Research for the Sociology of Education, edited by John Richardson. Westport, CT: Greenwood Press.
Chen, Albert H. Y. 1999. “Rational Law, Economic Development and the Case of China.” Social and Legal Studies 8.1: 97-120.
Clark, David. 1999. “The Many Meanings of the Rule of Law.” In Law, Capitalism and Power in Asia: The Rule of Law and Legal Institutions, edited by Kanishka Jayasuriya. London: Routledge.
Dezalay, Yves, and Bryant G. Garth. 1997. “Law, Lawyers and Social Capital: ‘Rule of Law’ versus Relational Capitalism.” Social and Legal Studies 6.1: 109-141
Dezalay, Yves. 2007. “International Strategies and Local Transformations: Preliminary Observations of the Position of Law in the Field of State Power in Asia: South Korea.” In Raising the Bar: The Emerging Legal Profession in East Asia, edited by William P. Alford. Cambridge, MA: East Asian Legal Studies, Harvard Law School.
Foucault, Michel. 1979. Discipline and Punish: The Birth of the Prison. New York: Vintage Books.
Foucault, Michel. 1980. “Two Lectures.” In Power/Knowledge: Selected Interviews and Other Writings 1972-1977, edited by Colin Gordon. New York: Pantheon Books.
Foucault, Michel. 1981. “Omnes et Singlulatim: Towards a Criticism of ‘Political Reason.’” In Tanner Lectures on Human Values, edited by Sterling McMurrin. Salt Lake City: University of Utah Press.
Foucault, Michel. 1991. “Governmentality.” In The Foucault Effect: Studies in Governmentality, edited by Graham Burchell, Colin Gordon, and Peter Miller. Hemel Hempstead: Harvester Wheatsheaf.
Giddens, Anthony. 1985. The Nation-State and Violence. Cambridge: Polity Press.
Hahm, Chaihark. 2009. “Ritual and Constitutionalism: Disputing the Ruler’s Legitimacy in a Confucian Polity.” American Journal of Comparative Law 57: 135-203.
Hahm, Pyong-choon. 1986. Korean Jurisprudence, Politics and Culture. Seoul: Yonsei University Press.
Haley, John Owen. 1991. Authority without Power: Law and the Japanese Paradox. Oxford: Oxford University Press.
Jones, Carol A. G. 1994. “Capitalism, Globalisation and Rule of Law: An Alternative Trajectory of Legal Change in China.” Social and Legal Studies 3.2: 195-221.
Jones, Carol A. G. 1997. “Politics Postponed: Law as a Substitute for Politics in Hong Kong and China.” In Law, Capitalism and Power in Asia: The Rule of Law and Legal Institutions, edited by Kanishka Jayasuriya. London: Routledge.
Kim, Joongi, and Jong Bum Kim. 1997. “Cultural Differences in the Crusade Against International Bribery: Rice-Cake Expenses in Korea and the Foreign Corrupt Practices Act.” Pacific Rim Law and Policy Journal 6.3: 549-580.
King, Ambrose Y. 1991. “Kuan-hsi and Network Building: A Sociological Interpretation.” Daedalus 120.2: 63-84.
Lee, Chulwoo. 1998. “Talking About Korean Legal Culture: A Critical Review of the Discursive Production of Legal Culture in Korea.” Korea Journal 38.3: 45-76.
Lee, Chulwoo. 1999. “Modernity, Legality, and Power in Korea Under Japanese Rule.” In Colonial Modernity in Korea, edited by Gi-Wook Shin and Michael Robinson. Cambridge, MA: Harvard University Asia Centre.
Poggi, Gianfranco. 2001. Forms of Power. Cambridge: Polity Press.
Raz, Joseph. 1979. The Authority of Law: Essays on Law and Morality. Oxford: Clarendon Press.
Russell, Bertrand. 1986. “The Forms of Power.” In Power, edited by Steven Lukes. Oxford: Basil Blackwell.
Sin, Wai Man, and Chu Yiu Wai. 1998. “Whose Rule of Law? Rethinking (Post-)Colonial Legal Culture in Hong Kong.” Social and Legal Studies 7.2: 147-169.
Sin, Wai Man. 2000. “Postcolonial Law in the Global Economy: The Case of Hong Kong.” International Journal of the Sociology of Law 28: 291-309.
Smith, Anthony. 1986. The Ethnic Origins of Nations. Oxford: Blackwell.
Weber, Max. 1968. Economy and Society. Vol. 1. New York: Bedminster Press.
Yang, Kun. 1989. “Law and Society Studies in Korea: Beyond the Hahm Theses.” Law and Society Review 23.5: 891-901.
Yang, Mayfair Mei-hui. 1994. Gifts, Favors, and Banquets: The Art of Social Relationships in China. Ithaca, NY: Cornell University Press.
Yoon, Dae-Kyu. 1990. Law and Political Authority in South Korea. Boulder: Westview Press.
Zakaria, Fareed. 1994. “Culture is Destiny: A Conversation with Lee Kuan Yew.” Foreign Affairs (March/April): 109-125.
Zhang, Li. 2001. Strangers in the City: Reconfigurations of Space, Power, and Social Networks within China’s Floating Population. Stanford: Stanford University Press.
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