Regulation of the professions in East Asia / edited by Gary I. Lilienthal and Muhamad Hassan bin Ahmad.

Format:

Book

Contributor:

Lilienthal, Gary I., editor.

Ahmad, Muhamad Hassan bin, editor.

Series:

Social Issues, Justice and Status

Language:

English

Subjects (All):

Professions--Law and legislation--East Asia.

Professions.

Physical Description:

1 online resource (332 pages)

Edition:

1st ed.

Place of Publication:

New York : Nova Science Publishers, [2023]

Summary:

"This book delves into the "mechanics" of the "fit and proper test", as it functions around the world as de facto Imperial legislation, emanating from Western Europe, and followed without further analysis by systems of governance in East Asia. The meaning of the term "fit and proper", for assessing people as professionals, in contrast to a well-structured good character test, is insufficiently specific to be used as a set of criteria for admission to a profession. The parties to a "fit and proper" assessment are actually the court and members of the public, with the court making a judgment in its own cause, and without the public ever participating in the assessment. A "fit and proper" assessment suggests a systemic inquiry against the applicant, inferring both bias and inherent public denunciation. Thus, the book contains in-depth research into these topics: The Fit and Proper Person Test: The Theory; The 'Fit and Proper Person' in Malaysia and Singapore; The Origin of the Professions; The Fitness and Propriety of Subaltern Groups; Délation of Character; The Stasis of Disrepute; Child Labor and the Subaltern Working Class; Coercive Moral Hazard. As such, this book is a frank and fearless exegesis on the realities of British Imperial regulation of the Professions in East Asia"-- Provided by publisher.

Contents:

Intro

Contents

Foreword

Preface

Chapter 1

The Fit and Proper Person Test: The Theory

Abstract

1. Introduction

2. Moral Character for Admission to a Profession

2.1. Prediction of Future Behavior

3. Fitness and Propriety

4. Critique of the "Fit and Proper Person" Construct

4.1. 'Fit and Proper Person' as Self-Interest

4.2. Present Character and Future Behavior

4.3. Contradictory and Capricious Standards

4.4. Governance and Procedural Issues

4.5. Logistics Matters

5. The Fit and Proper Person in Practice

5.1. Fitness and Propriety of Legal Practitioners

5.2. Fitness and Propriety of Migration Agents

5.3. Fitness and Propriety of Taxation Agents

5.4. Fitness and Propriety in Credit Matters

5.5. Disqualification of Lawyers and Licensed Conveyancers

Conclusion

References

Chapter 2

The 'Fit and Proper Person' in Malaysia and Singapore

2. Legal Profession

2.1. Admission in Civil Courts

2.2. Admission in Syariah Courts

3. Special Reference to Legal Profession in Singapore

Malaysia

Singapore

Chapter 3

The Origin of the Professions

2. Hegemony

2.1. Bourgeois Hegemony

2.2. The Material Base for Exercising Hegemony

2.3. The Historical Bloc

2.4. Formation of the Capitalist State

3. The King's Power

3.1. Quo Warranto

4. The City of London Legal System

4.1. Nature of the Jurisdiction of the Courts of the City of London

4.2. The City of London Control over the Economy

4.3. Freedom of the City

5. The Relationship between Commerce, the Economy and the Gilds

5.1. Gild Formation

5.2. Gild Ordinance Structure

5.3. Collapse of Gild Independence

6. The Position of the Workers

6.1. City of London Protection of the Masters.

6.2. The Pressing of the Trades into a Crown System of Commercial Ranks

Chapter 4

The Fitness and Propriety of Subaltern Groups

2. Alterity, and the Theory of Religion

2.1. Originary Alterity

2.2. Blake's Interiority

3. Wittgenstein, Aliens and Aquinas

4. Memory and Alterity: An Analytic of Difference

5. Reciprocity and Alterity in Lévy-Strauss

5.1. The Semantic Field of Alterity

6. The Strangeness of Alterity

6.1. Stranger, Other and Alterity

Chapter 5

Délation of Character

2. Commonplace

2.1. Judicial Denunciation

2.2. Commonplace Denunciation

3. Introduction to the Practices of Denunciation in Modern European History

3.1. Denunciation in Comparative Perspective: An Overview

3.2. Discourses of Denunciation

4. The Theory and Practice of Denunciation in the French Revolution

4.1. Denunciation and the Enemy Other

4.2. The Pre-Legal Ethics of Denunciation

4.3. The Pious Denouncer and Patriotism

4.4. The Jacobins and the Terror

4.5. Suspicion, Jealousy and the Mask

Chapter 6

The Stasis of Disrepute

2. Decisions Inferring Stasis Issues

3. Classical Stasis Theory

3.1. Stasis and Murder lingua vel facto

4. A Modern Theory of Stasis

4.1. The Ancient Heritage of Stasis Theory

4.2. The Burden of Proof in Accusation and Defense

4.2.1. The Dialectical Argument

4.2.2. The Harm Argument

4.2.3. The Danger Argument

4.2.4. The Justice Argument

4.3. The Axiom of Modern Stasis

Chapter 7

Child Labor and the Subaltern Working Class

2. The Relevant Historical Background

3. Definition of Child Labour.

4. Main Contributing Factors to Child Labour

4.1. Poverty

4.2. Lack of Access and Poor Quality of Education

4.3. Traditional, Social and Cultural Factors

4.4. Specific Vulnerabilities

4.5. Demand for Child Labor

5. Impact of Child Labor

6. Child Labor in Iraq

7. Legal Framework

7.1. International Conventions

7.1.1. The Convention on the Rights of the Child (CRC) 1989 (Article 32)

7.1.2. Optional Protocols to the CRC on Sex Trafficking, Armed Conflict

7.1.3. International Labor Organization Convention No. 182 and No. 138

7.1.4. The ILO Minimum Age Convention 1973 (No. 138)

7.2. National Legislation

7.2.1. The Constitution of Iraq 2005

7.2.2. The Iraqi Labor Law No. 37 of 2015

7.2.3. The Law of Compulsory Education (1976)

7.2.4. The Iraqi Penal Code No. 111 of 1969

Chapter 8

Coercive Moral Hazard

2. Use and Abuse of Authority: A Behavioral Foundation of the Employment Relation

2.1. The Experiments of Bartling, Schmidt and Fehr

2.2. Coase and Marx

3. Uncertain Junctures between Employment and Contract Law

4. The Elective and Automatic Theories of Termination in the Common Law of the Contract of Employment: Conundrum Resolved?

4.1. Geys in Context

4.2. Doctrinal Effect of Geys

5. Critical Literature Review Conclusion

6. Research Gaps, Research Questions, Interview Questions

6.1. Research Gap 1

6.1.1. Research Question 1

6.1.2. Interview Question 1

6.1.3. Interview Question 1.1

6.2. Research Gap 2

6.2.1. Research Question 2

6.2.2. Interview Question 2

6.3. Research Gap 3

6.3.1. Research Question 3

6.3.2. Interview Question 3

6.4. Research Gap 4

6.4.1. Research Question 4

6.4.2. Interview Question 4

6.4.3. Interview Question 4.1

6.5. Research Gap 5.

6.5.1. Research Question 5

6.5.2. Interview Question 5

6.6. Research Gap 6

6.6.1. Research Question 6

6.6.2. Interview Question 6

6.6.3. Interview Question 6.1

6.7. Research Gap 7

6.7.1. Research Question 7

6.7.2. Interview Question 7

7. Discussion and Narrative Analysis Research Outcomes

Conclusion: Interview Questions

About the Editors

Index

Blank Page

Blank Page.

Notes:

Description based on print version record.

Includes bibliographical references and index.

Other Format:

Print version: Lilienthal, Gary I. Regulation of the Professions in East Asia

ISBN:

9798886974515