ABSTRACT
This chapter presents a methodological framework by proposing several sets of concepts consisting of three types of law (‘indigenous law,’ ‘imported law,’ and ‘development law’), three types of legal principles (‘community,’ ‘market,’ and ‘command’) as more operational concepts and ‘community force’ and ‘market force’ to refer to their dynamics. Next, it illustrates the historical development of Southeast Asian legal systems under the three different state concepts, the ‘proto-state,’ ‘colonial state,’ and ‘developmental state.’ The effectiveness of these concepts are tested during this process. The chapter then outlines law and development problems with regards to the aspects of political, economic and social development under the regime of the 'developmental state,' which functioned most effectively during the 1970s and early 1980s and led to rapid development in the region. Finally, it addresses why the developmental legal systems of East and Southeast Asia have been facing such a serious crisis in the closing years of the twentieth century.
