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371.  JULY 2006 Issue
p.172

The Competition Act 2004: A Legislative Landmark on Singapore's Legal Landscape
Ong, Burton  •  [2006] Sing JLS 172 (Jul)

372.  JULY 2006 Issue
p.191

Equitable Relief for Breach of Contract: Wisanggeni Lauw v Full Fledge Holdings Ltd
Tham, Chee Ho  •  [2006] Sing JLS 191 (Jul)

373.  JULY 2006 Issue
p.200

Charge Characterisation in English Law: A Settled Debate? In Re Spectrum Plus Ltd
Turner, PG  •  [2006] Sing JLS 200 (Jul)

374.  JULY 2006 Issue
p.213

The Pari Passu Principle in Judicial Management: Re Wan Soon Construction Pte Ltd
Chan, Tracey-Evans  •  [2006] Sing JLS 213 (Jul)

375.  JULY 2006 Issue
p.228

Book Review: Principles of Corporate Insolvency Law by Sir Roy Goode
Wee, Meng Seng  •  [2006] Sing JLS 228 (Jul)

376.  DECEMBER 2005 Issue
p.313

The Internal Morality of Chinese Legalism
Winston, Kenneth  •  [2005] Sing JLS 313 (Dec)
It is widely held that there are no indigenous roots in China for the rule of law; it is an import from the West. The Chinese legal tradition, rather, is rule by law, as elaborated in ancient Legalist texts such as the Han Feizi. According to the conventional reading of these texts, law is amoral and an instrument in the hands of a central rule who uses it to consolidate and maintain power. The rule is the source of all law and stands above the law, so that law, in the final analysis, is whatever pleases the ruler. This essay argues, to the contrary, that the instrumentalism of the Han Feizi is more sophisticated and more principled than the conventional reading recognizes. It suggests that, by examining the text of the Han Feizi through the lens provided by American legal theorist Lon Fuller, we can observe an explicit articulation of what Fuller called the internal morality of law. The principles of this morality are elaborated and their importance explained. In this way, the Han Feizi is retrieved as a significant reference point for thinking about legal reform in China today.
[Full Text]

377.  DECEMBER 2005 Issue
p.348

Globalisation and the Challenge of Asian Legal Transplants in Europe
Shah, Prakash  •  [2005] Sing JLS 348 (Dec)
This article reviews the main patterns of Asian migration in Europe and the ways in which Europe today has become 'multicultured' with Afro-Asian legal diversities. It discusses the limited role which Asian states have played in the processes of emigration and settlement. It further examines the status of the laws transplanted by Asian migrants and their descendants in Europe and the ways in which Asian diasporas in Europe are engaging in new hybrid patterns of socio-legal navigation and reconstruction. The article is critical of European legal orders as not having reacted adequately to these patterns of Asian legal reconstruction but also urges Asian legal scholars to investigate this underexplored field in more detail.
[Full Text]

378.  DECEMBER 2005 Issue
p.362

Harmonisation of Contract Law in Asia - Harmonising Regionally or Adopting Global Harmonisations - The Example of the CISG
Bell, Gary F.  •  [2005] Sing JLS 362 (Dec)
Asian countries increasingly see the need for uniform or harmonised law at least in commercial matters, but the adoption of international uniform laws has nonetheless often been slow in many parts of Asia. How should Asia harmonise its laws? Should there be an Asian harmonisation or should Asian nations simply adopt internationally negotiated uniform law? Do the internationally negotiated laws sufficiently take into account the legal traditions of Asia or are they simply compromises between the main Western legal traditions (civil and common law)? Using the CISG as an example, the author readily concedes that it does not take into account non-Western legal traditions but argues that Asian nations should nonetheless adopt such international instruments. First, for better or for worse, either Asian Western civil law or Western common law is the formal law in force in commercial matters in most Asian countries and therefore any harmonisations of these formals laws would be useful in Asia. Furthermore, the adoption of these formal international instruments in Asia would allow Asians to (more informally) influence their interpretation and make sure that they are applied taking into account Asian experiences and values.

379.  DECEMBER 2005 Issue
p.373

Taking the Uncertainty out of Defamation Law - Much Ado about Meaning
Wadeley, Peter  •  [2005] Sing JLS 373 (Dec)
Defamation law is complex and requires the parties to be very clear about their strategy from day one of the action, especially in relation to the 'meaning' of the allegedly defamatory words. The meaning of the words determine, amongst other things, the extent that discovery must be made and the range of evidence that can be put forward by the parties. However, there is often confusion over the meaning of the words, especially in relation to the justification and fair comment defences. As such, it is argued that in all defamation actions the court should make a compulsory ruling on meaning shortly after the close of pleadings.

380.  DECEMBER 2005 Issue
p.395

A Life Without Value? JU and Another v See Tho Kai Yin
Fordham, Margaret  •  [2005] Sing JLS 395 (Dec)

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