東南亞制度與文化.pptVIP

* 傳統主義、儒家學說對東亞國家民主發展的影響—崇尚權威、恩寵關係、集體行為 物質信仰(material belief) 與宇宙信仰 (cosmological belief) 落後國家持續民主的決定因素 From discretionary to rule-based mode of governance (transition from government to governance) An important aspect of soft law is the enhancement of the capability of self-monitoring at the very heart of the regulatory framework. As against externally driven model of globalization, the main sources of change are to be found in the changes to the internal structure of firms, markets and the state. Globalization is serving not so much to reduce the capacity of state to function but rather to reshape sovereignty in the process of the transformation of the state. Much of the soft law embodied in standards seem to have fallen well short of the policy expectations of those who assiduously promoted these standards. Standards serve an expressive purpose that is independent of its instrumental functions. East Asian legal reform is a revolution from above rather than from below. dual state from Fraenkel (1941) is where there is a disjunction between an economic sphere regulated by law and executive power that is unconstrained by legal processes. The principle of precaution replaces the dominant notion of solidarity and compensation which formed the basis of much of the insuranceprograms of the 20th century. To properly manage risk, it needs to be localized and managed--self regulation of risk by local agencies. Society, in social capital view, is composed of norms and relationships that can be mobilized for economic development. Managerial civil society is conceived in terms of fostering social networks and relationships under the rubric of csicial capital, whic serves to detach social agency from issues of power. * *