Published online by Cambridge University Press: 17 February 2022
Legal unification is often said to be necessary for trans-border commerce: Europe is an optimal market, facilitated through the institution of the European Union. Alternatively, legal unification in Europe is linked to an idea of a European cultural identity. Behind these two justifications are two ideas about what Europe is. Can the same be said about Asia? In this chapter, Michaels connects discussions about an Asian identity with four concepts of Asia. The first concept is a European idea of Asia and Asian law, which defines a presumably homogeneous Asia on the basis of its level of difference from Europe. Of next three concepts, two of them explicitly invoke leadership of one country: China or Japan. Finally, the idea of Asian values attempts to avoid leadership by any one country in favour of a truly Asian identity. The three chapters cannot avoid the central problems of the European projection: they are all defined by their relation to the West. Michaels closes with an alternative concept of Asia “as method” to overcome these two shortcomings and may offer a more promising path towards an idea of Asian law.
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