It's not easy being a lawyer these days -- putting up with nasty jokes, scant respect and widespread suspicions that the public interest is way down on the list of priorities. Ian Neary reminds us, however, that some public-spirited lawyers have been at the forefront of the crusade for human rights and civil liberties in Asia. The fruits of these lawyers' efforts are evident in the improving situations in Japan, South Korea and Taiwan, the subjects of this fine book.
Certainly there is a degree of self-interest in generating fee-producing opportunities by promoting the rule of law, but Neary asserts that in Japan and to some extent in South Korea and Taiwan "the legal profession has played a leading role in many dimensions of the human rights movement acting as advocates for a view of law as a device to regulate state power as opposed to being an instrument at the state's disposal."
Neary outlines the post-1945 legal developments in each of the countries that have promoted and protected human rights; explores the role of international conventions, standards and pressure; and then presents some fascinating case studies. He rejects the assertion by some Asian politicians and intellectuals that human rights are not compatible with "Asian values," pointing out that such a perspective ignores the fact that here are rich and diverse traditions in Asia that are consistent with and protective of human rights. In his view, the internationalization of human rights is not a reflection of cultural imperialism nor a strategy for thwarting rapid economic development as some proponents of the "Asian values" thesis have argued. Rather, broad support for the agenda of human rights around the world and the desire for liberal democracy demonstrates how such values transcend culture.