This course explores the development patterns of the rule of law and democracy in East Asia states, particularly South Korea and Taiwan, during their rapid economic development. I will also compare them with China and other Chinese culture influenced-countries. It touches upon different schools of literature on law and development, law and politics, and law and society.

Theories of democracy commonly hold that the acceptance of rule of law in non-democratic countries would likely lead to democratization, especially after a certain level of economic growth. Several developmental states in East Asia are often referred as typical examples as their legal reforms started in the authoritarian era, progressed along with economic prosperity, and triggered democratic and political reforms in the end. The policy implications of this conventional thesis are manifested by numerous rule of law promotion programs supported by international organizations worldwide. However, this optimistic thesis seems to have met challenges in light of recent developments around the world.

In this course, the lecturer scrutinizes this linear, optimistic thesis by examining the rich history of the rule of law development in South Korea and Taiwan that are often cited by advocates of the thesis. As opposed to this linear thesis, this module offers a pluralist understanding of the rule of law and democratic development, unveiling its diverse trajectories and dynamics in East Asian context. The course revisits the assumptions of the linear thesis; for example, the presumptions that authoritarian legality is merely transitional, that legalization is equal to the rule of law, or that legal reforms give rise to political openness. In specific, this course examines traditional legal philosophy in the region (e.g. Confucianism and Legalism), narratives about legal reforms developed by developmental states, the role of legal professionals, international factors such as the Cold War and the influence of the United States, civil law traditions, Prussian/German law influence, colonial legacy and post-colonial nationalism.