In comparing existing research on Eastern and Central Europe, Central Asia and Latin America, it is clear that legal developments in East and South Asian societies are somewhat under-researched. This volume fills a gap in studies of the effects of globalisation and the role of law in processes of globalisation. What the book contributes to the debate is an "area study", that is interdisciplinary research pertaining to a particular geographical or cultural region. The region discussed here presents an ideal testing ground for legal pluralism, for economic, cultural, and political influences on the role of law in development. The 'developmental states' of Asia are regarded as refuting both Latin American dependency theory and classical modernisation theory. They seem to follow quite distinct political, economic and legal developments. However, especially after the Asian Crisis, their approaches have come under intense pressure. The book examines the resulting reform efforts and the tensions they generate in areas such as constitutional and administrative law, commercial law and human rights.

Can there be such a thing as a European sociology of law? The uncertainties which arise when attempting to answer that straightforward question are the subject of this book, which also overlaps into comparative law, legal history, and legal philosophy. The richness of approaches reflected in the essays (including comparisons with the US) makes this volume a courageous attempt to show the present state of socio- legal studies in Europe and map directions for its future development. Certainly we already know something about the existence of differences in the use and meaning of law within and between the nation states and groups that make up the European Union. They concern the role of judges and lawyers, the use of courts, patterns of delay, contrasts in penal 'sensibilities', or the meanings of underlying legal and social concepts. Still, similarities in 'legal culture' are at least as remarkable in societies at roughly similar levels of political and economic development. The volume should serve as a needed stimulus to a research agenda aimed at uncovering commonalities and divergences in European ways of approaching the law.

Global business interacts efficiently despite the heterogeneity of social, economic, and legal cultures which, according to widespread assumptions, cause insecurities and uncertainties. Breaches of contracts may occur more frequently and business relationships may be terminated more often in international than in domestic trade. But most business people engaged in exporting or importing products or services seem to operate in a sufficiently predictable environment allowing successful ventures into the global market. The apparent paradox presented by cultural/institutional diversity and contractual efficiency in cross-border business transactions is the focus of this volume of essays. The wide range of approaches adopted by contributors to this volume include: the Weberian concept of law as a tool for avoiding the risk of opportunism * economic sociology, which treats networks and relationships between contractual parties as paramount * representatives of new institutional economics who discuss law as well as private governance institutions as most efficient responses to risk * comparative economic sociologists who point to the varieties of legal cultures in the social organization of trust * national and international institutions such as the World Bank which try to promote legal certainty in the economy. Inspired and edited by scholars of the famous 'Bremen School, ' these essays will be of great interest to scholars and students of globalization. The book builds on this interdisciplinary exercise by adding empirical evidence to ongoing debates regarding enabling structures for international business. It critically reviews and discusses some propositions which contain interesting hypotheses on the effects of the internationalization of markets on market co-ordination institutions, and on the role of the state in the globalizing economy. (Series: Onati International Series in Law and Society

Die Sektion Rechtssoziologie in der Deutschen Gesellschaft fur Soziologie hat im Oktober 1980 in Bremen eine Tagung veranstaltet, auf der uber Rechtsformen ge- sprochen wurde, die die Vielfalt der Kooperation und Verflechtung zwischen Staat und Wirtschaft verfassen. Der vorliegende Band enthiilt uberarbeitete Beitriige zu dieser Tagung. Der Stiftung Volkswagenwerk ist fur die finanzielle Forderung der Tagung und des Drucks zu danken. Volkmar Gessner Gerd Winter 7 1 Literaturbericht zum Thema Von Gerd Winter Mit dem Abklingen der Sozialisierungsdebatte Anfang der funfziger Jahre riickte die Alternative soziale Marktwirtschaft - demokratischer Sozialismus als Leitidee vor (Hartwich 1968). Kooperation und Verflechtung von Staat und Winschaft, die fur die Sozialisierungsperspektive ein wenn auch normatives, nicht analytisches, so doch gelaufiges Thema waren, verloren an Interesse. Das neoliberale Lehrgebaude dachte yom privatrechtlichen Ordnungsrahmen her und konnte das Formengefuge staatlicher Intervention nur negativ, d. h. als krank- hafte Erscheinung regelverletzender Partikularinteressen oder als korrigierende Aus- nahme erfassen und so mit nicht positiv, d. h. in seiner Eigenart und Eigengesetz- lichkeit untersuchen: "Selbstverstiindlich konnen, da keine Ordnung vollkommen ist und keine Ordnung alles regelt, Ausnahmen, vor aHem solehe Ausnahmen notwendig werden, die den Charakter von politi- schen Interventionen in das marktpreisgesteuerte Geschehen haben. Man muG sich aber da- riiber klar werden, daB diese Interventionen Ausnahmen sind, also des Nachweises ihrer Not- wendigkeit und Niitzlichkeit bediirfen, wiihrend zugunsten des ordnungskonformen Lenkungs- prinzips die Vermutung der Niitzlichkeit spricht ..- " (Bohm 1966, 147).

Can there be such a thing as a European sociology of law? The uncertainties which arise when attempting to answer that straightforward question are the subject of this book, which also overlaps into comparative law, legal history, and legal philosophy. The richness of approaches reflected in the essays (including comparisons with the US) makes this volume a courageous attempt to show the present state of socio- legal studies in Europe and map directions for its future development. Certainly we already know something about the existence of differences in the use and meaning of law within and between the nation states and groups that make up the European Union. They concern the role of judges and lawyers, the use of courts, patterns of delay, contrasts in penal 'sensibilities', or the meanings of underlying legal and social concepts. Still, similarities in 'legal culture' are at least as remarkable in societies at roughly similar levels of political and economic development. The volume should serve as a needed stimulus to a research agenda aimed at uncovering commonalities and divergences in European ways of approaching the law.

Global business interacts efficiently despite the heterogeneity of social, economic, and legal cultures which, according to widespread assumptions, cause insecurities and uncertainties. Breaches of contracts may occur more frequently and business relationships may be terminated more often in international than in domestic trade. But most business people engaged in exporting or importing products or services seem to operate in a sufficiently predictable environment allowing successful ventures into the global market. The apparent paradox presented by cultural/institutional diversity and contractual efficiency in cross-border business transactions is the focus of this volume of essays. The wide range of approaches adopted by contributors to this volume include: the Weberian concept of law as a tool for avoiding the risk of opportunism * economic sociology, which treats networks and relationships between contractual parties as paramount * representatives of new institutional economics who discuss law as well as private governance institutions as most efficient responses to risk * comparative economic sociologists who point to the varieties of legal cultures in the social organization of trust * national and international institutions such as the World Bank which try to promote legal certainty in the economy. Inspired and edited by scholars of the famous 'Bremen School, ' these essays will be of great interest to scholars and students of globalization. The book builds on this interdisciplinary exercise by adding empirical evidence to ongoing debates regarding enabling structures for international business. It critically reviews and discusses some propositions which contain interesting hypotheses on the effects of the internationalization of markets on market co-ordination institutions, and on the role of the state in the globalizing economy. (Series: Onati International Series in Law and Society

In comparing existing research on Eastern and Central Europe, Central Asia and Latin America, it is clear that legal developments in East and South Asian societies are somewhat under-researched. This volume fills a gap in studies of the effects of globalisation and the role of law in processes of globalisation. What the book contributes to the debate is an "area study", that is interdisciplinary research pertaining to a particular geographical or cultural region. The region discussed here presents an ideal testing ground for legal pluralism, for economic, cultural, and political influences on the role of law in development. The 'developmental states' of Asia are regarded as refuting both Latin American dependency theory and classical modernisation theory. They seem to follow quite distinct political, economic and legal developments. However, especially after the Asian Crisis, their approaches have come under intense pressure. The book examines the resulting reform efforts and the tensions they generate in areas such as constitutional and administrative law, commercial law and human rights.