The history of the law of Asia

The history of the law of Asia is tied to the history of the world’s biggest and most heavily populated continent. Approximately 8 billion people and approximately 10% of the world’s total surface area is encompassed within Asia and Asian legal history encompasses the legal history of a diverse spectrum of countries including China, Japan, India, Thailand, the Philippines, Mongolia,
South Korea and Cambodia. Further, globilisation and the influence of democracy has impacted how the law of Asia has developed culturally, sociologically, politically and economically. The law of Asia may be seen to be heavily influenced by
European legal systems, particularly those in Germany. In India and in China legal history is known to emanate from the Laws of Manu, or the Arthashastra in India and traditional Chinese law in China.

China and South Korea

The law of Asia, as it has developed in China may be seen as extremely important within the spectrum of development that may be seen within Asia as a whole. The Chinese legal system is one of the most ancient legal systems in the world. It has developed to encompass Western influences, although it remains redolent of traditional Chinese influences. The law of Asia as it can be seen to have been developed within China is draws heavily upon the Confucian philosophy. The aspects of this tradition that appear to be most important are codification of law and moral education, both of which are considered as capable of exerting control over society. The law of Asia as it has developed within China has succumbed to Western influences since 1911, following the Revolution and the establishment of the People’s Republic of China.

The code of civil law which was thereafter followed was, and remains a formulation of civil law, based upon the law of Germany. South Korean culture and legal history is a fundamental part of the foundations of the wider law of Asia, and Asian legal history as a whole. South Korea adopted a constitution in 1987. Legally this constitution guarantees civil rights, and due process within the country. The legal system is based upon an independent judiciary, and Treaties ratified by the South Korean Republic have the same effect as domestic legal rules have. The law of Asia is further made distinct therefore by the individual interpretation of liberal principles that have been fostered by this country since the adoption of its constitution in 1987.

Thailand and Cambodia

The law of Asia as it developed within Thailand may be seen as having changed substantially in 1997 when a constitution was adopted. The system of law is based on civil law, with common law influences. The constitution is the basis of the law, which is codified in Thailand. The constitution places guarantees upon civil liberties, and although the legal system has an independent judiciary, judges are chosen and removed by the king. The law of Asia developed within Thailand is also tied to military processes, and a system of military justice has developed alongside the constitutional laws that define civil rules. Furthermore, the law of Asia as it has been individually developed within Thailand also encompasses a system of Islamic courts to adjudicate cases involving members of the Muslim community. The law of Asia has further been developed within the Philippines. This country has grown from being a colony of Spain, and later a colony of the USA to developing a constitution of its own in 1986. This constitution separated church and state in another country within Asia; it guaranteed and enshrined in law, the free practice of religion, and civil and political rights for individuals, making the law of Asia more diverse, but at the same time, more tied to the liberal, constitutional principles of law and governance that has been embraced within many developed Western societies. The law of Asia is further embodied within the Cambodian legal system. The history of Cambodia was built around a “god king” although in recent years the underpinnings of the legal system have been socialist, and there has been a shift towards liberal democracy in more recent years still. The law of Asia, as it may be defined through reference to Cambodia is therefore further diversified. A codified legal framework now exists in the country, to work alongside fair, and democratically constructed legal mechanisms to include a Senate, a National Assembly and a government.

Brunei and Mongolia

The law of Asia has been developed also through the evolution of Brunei, another Asian country. Brunei is an absolute monarchy, and the Sultan of Brunei is both the head of state and the most senior member of the government. Underpinning this legal arrangement is the Melayu Islam Beraja philosophy, which espouses an Islamic monarchy. The law of Asia may therefore be seen to span liberal constitutional systems, alongside more authoritative regimes, where democracy is not widely recognised. The system of law in Brunei as been developing under the same dynasty since the 15th century, and its structure consists of a Council of Ministers operating nder the absolute authority of the Sultan; currently Sultan Hassanal Bolkiah of Brunei. The evolution of Mongolia law has further shaped the history of the law of Asia. Mongolia is categorised as a developing country. The history of Mongolia has seen the country develop into an embryonic nation state. It fostered a socialist state up until 1990, and from 1990 onwards it has embraced modern democratic values, which precipitated a major reforms within the political and economic structures in the country. Because of this transition, the law of Asia may be seen as further steeped in democratic values albeit, these appear to take on a construction that is unique to each Asian country that has adopted it.

Turkmenistan

Another country – Turkmenistan has significantly shaped and contributed to the law of Asia. Since 1992 Turkmenistan has become a Republic and announced the establishment of a constitution. Its legal system is based upon the fact that it is a presidential republic, and the fact that it is based upon a code of civil law that protects human rights in law. This country may therefore be seen as fundamentally contributing to the transition one may see throughout the history of the many systems of governance within the wider history of the law of Asia.