Commercial Law in East Asia

The shift of economic gravity towards East Asia requires a critical examination of law's role in the Asian Century. This volume explores the diverse scholarly perspectives on law's role in the economic rise of East Asia and moves from general debates, such as whether law enjoys primacy over culture, state intervention or free markets in East Asian capitalism, to specific case studies looking at the nature of law in East Asian negotiations, contracts, trade policy and corporate governance. The collection of articles exposes the clefts and cleavages in the scholarly literature explaining law's form, function and future in the Asian Century.

The death of lifelong employment in Japan?

Lifelong employment in Japan is more trope than literal fact. As a synecdoche,it encapsulates Japan's system of industrial relations. As a metonym, it epitomises the employee-oriented communitarian firm (Abe and Shimizutani,2007, p. 347). As a metaphor, it represents Japan's distinctive form of stakeholder capitalism (Dore, 1993). Yet none of these tropes holds as a truth. Lifelong employment does not signify the dominant form of employment in Japan. It does not privilege employees' interests over business concerns. And it does not constitute a benign, kinder form of capitalism compared with the market-based model.

Cosmopolitan tendencies in recent intersubjective art

This thesis uses cultural studies approaches to ask in what ways can intersubjective art act on the disparities brought about by late capitalism through the auspices of cosmopolitanism? How do the same processes that oppress others allow the artist to be mobile and self-reflexive while accruing and deploying a broad range of knowledges and competencies? The answer is paradoxical: those oppressed by the processes of late capitalism become the focus, theme, and content of the intersubjective artwork while the artists benefit from a system they seek to problematise and critique. Three case study chapters highlight these complex and disconcerting politics.

Corporate governance and law reform in Japan: From the lost decade to the end of history?

Japan is in the midst of massive law reform. Mired in ongoing recession since the early 1990s, Japan has been implementing a new regulatory blueprint to kickstart a sluggish economy through structural change. A key element to this reform process is a rethink of corporate governance and its stakeholder relations. With a patchwork of legislative initiatives in areas as diverse as corporate law, finance, labour relations, consumer protection, public administration and civil justice, this new model is beginning to take shape. But to what extent does this model represent a break from the past? Some commentators are breathlessly predicting the "Americanisation" of Japanese law. They see the triumph of Western-style capitalism - the "End of History", to borrow the words of Francis Fukuyama - with its emphasis on market-based, arms-length transactions. Others are more cautious, advancing the view that there new reforms are merely "creative twists" on what is a uniquely (although slowly evolving) strand of Japanese capitalism. This paper takes issue with both interpretations. It argues that the new reforms merely follow Japan's long tradition of 'adopting and adapting' foreign models to suit domestic purposes. They are neither the wholesale importation of "Anglo-Saxon" regulatory principles nor a thin veneer over a 'uniquely unique' form of Confucian cultural capitalism. Rather, they represent a specific and largely political solution (conservative reformism) to a current economic problem (recession). The larger themes of this paper are 'change' and 'continuity'. 'Change' suggests evolution to something identifiable; 'continuity' suggests adhering to an existing state of affairs. Although notionally opposites, 'change' and 'continuity' have something in common - they both suggest some form of predictability and coherence in regulatory reform. Our paper, by contrast, submits that Japanese corporate governance reform or, indeed, law reform more generally in Japan, is context-specific, multi-layered (with different dimensions not necessarily pulling all in the same direction for example, in relations with key outside suppliers), and therefore more random or 'chaotic'.

Reflections on damaged modernity: Lessons from the iconic architecture industry

For Adorno writing in 1953, Hollywood cinema was a medium of “regression” based on infantile wish fulfillment manufactured by the industrial repetition of the filmic image that he called a modern “hieroglyphics”—like the archaic language of pictures in Ancient Egypt, which guaranteed immortality after death in Egyptian burial rites. From that 1953 essay Prolog zum Fernsehen to Das Schema der Massenkultur in 1981, Adorno likened film frames to cultural ideograms: What he called the filmic “language of images” (Bildersprache) constituted a Hieroglyphenschrift that visualised forbidden sexual impulses and ideations of death and domination in the unconscious of the mass spectator. In his famous passage he writes, “As image, the image-writing (Bilderschrift) is a medium of regression, where the producer and consumer coincide; as writing, film resurrects the archaic images of modernity.” In other words, cinema takes the spectator on a journey into his unconscious in order to control him from within. It works, because the spectator begins to believe the film is speaking to him in his very own image-language (the unconscious), making him do and buy whatever capitalism demands. Modernity for Adorno is precisely the instrumentalisation of the collective unconscious through the mediatic images of the culture industry.

Gendering climate change: A feminist criminological perspective

Drawing on insights from feminist scholars and activists, this article examines the dialectical relationship between climate change and the social construction of gender. We examine in detail how gender inequalities associated with capitalism, particularly in its latest Neoliberal incarnation, help to produce global warming, as well as to produce gendered vulnerabilities and unequal impacts. After a brief review of past successes and failures to integrate gender concerns into climate change debates and policies, we suggest several criminological interventions that are compatible with a feminist perspective on climate change. We argue that a stronger criminological focus on the global political economy, particularly on the gendered inequalities it produces, is analytically essential for understanding both the etiology and harmful consequences of climate change. Simultaneously, we urge critical criminologists to employ the tools of our trade to take a more proactive role in the social construction of a just and sustainable society.

In Defence of "the Lesser Cousin of History": An Interview with Rohan Wilson

Few branches of postcolonial literature are as contested as the historical fiction of settler societies. This interview with the Australian historical novelist Rohan Wilson, author of The Roving Party (2011) and To Name Those Lost (2014), explores the intersections between truth, accuracy, and existential authenticity in his fictional accounts of nineteenth-century Tasmania. Wilson offers a nuanced yet robust defence of fiction’s role in narrating colonial history. He explains his intentions in writing two linked yet distinctive novels of the frontier—one that focuses on the “Black War” of the 1820s and 1830s, and another that explores how racial violence is refracted by capitalism in subsequent decades.

Spectral Values

This series of drawings takes a diagrammatically creative approach to understanding the economic theories and personalities at the centre of the Global Financial Crisis. Mimicking the form of US currency, the work removes labels from common economic diagrams and portrays financial titans in repose as a way to express a personal and ambivalent experience of contemporary capitalism.

Trickle Down

This work expresses the complicated and cyclical sense of economic aspiration and ambivalence so prevalent in the lived experience of contemporary capitalism. The three-channel video animation depicts a single US dollar bill falling in a dark void-space. These fragments of negotiable value, evidence of a laborious hand-drawn process, tumble in slow-motion into and out of each video frame, towards an unseen ground and uncertain future, acting as an elegiac expression of a deep sense of economic precarity.