B. Theory Application
IV. Conclusion
The Internet may have the power of eliminating sovereign boundaries in certain scenario, but this does not mean that it exist in a social and political vacuum.
Conventional wisdom believes that the Internet provides anyone with perfect access to information. However, this turns out to be not true in many countries that implement Internet filtering systems. Like many other countries around the world, China filters Internet content, which the government deem too sensitive for ordinary citizens. And it has done so with precision and effectiveness.
In the case of China, we learn that Internet’s impact on politics varies depending on how its architecture is designed. As China has changed the original nature of the Internet, it has become obsolete for commentators to claim that the Internet will democratize the country. This Article claims that the Internet filtering technology in China verifies Lawrence Lessig’s code-is-law theory. When a person fails to open a prohibited website, he or she may view it as a technique problem, rather than government intervention. In this sense, a code-based regulation is not as transparent as the law. Moreover, from the government’s perspective, regulating by code may occasionally lead to much less cost
136 Seth F. Kreimer, Censorship by Proxy: The First Amendment, Internet Intermediaries, and the Problem of the Weakest Link, 155 U.PA.L.REV. 11, 18-27 (2006).
137 Id. at 16.
24
than regulating by law. This is especially true the Chinese context of regulating online information flow.
The history of the Chinese Internet has made it unique and effective in filtering online information. Like Saudi Arabia, China designed its Internet architecture in the beginning with the aim to control and block information flow from abroad. Therefore, it is able to filter or block information much more effectively and efficiently than other countries with a traditional open and decentralized network. Together with other surveillance mechanisms, Internet filtering has to a certain degree shaped citizens’ online behavior according to the government’s preference.
East Asian Law and Society Conference 2011
Dialects and Dialectics: East Asian Dialogues in Law and Society
- Dates: 30 September – 1 October 2011
- Venue: Yonsei University, Seoul, Republic of Korea
- Organizers: Collaborative Research Network on East Asian Law and Society (CRN-EALS), Law and Society Association, and the Korean Society for the Sociology of Law
To Whom This May Concern:
The Collaborative Research Network on East Asian Law and Society (CRN-EALS) of the Law and Society Association and the Korean Society for the Sociology of Law cordially invite Professor Jyh-An Lee from Taiwan to the East Asian Law and Society Conference 2011 to be held in Seoul, Korea, on 30 September and 1 October 2011. Details of the conference are available at the website: http://sociologyoflaw.or.kr.
As the conference will be held over two days, participants are expected to arrive in Seoul before 29 September 2011 and leave after 2 October 2011. The conference registration fee and the travel and accommodation costs will be borne by the participant.
Please kindly consider this letter for the purpose of obtaining an entry visa or securing a grant or any other kind of funding.
We look forward to meeting with you in Seoul.
Yours sincerely,
Jeong-Oh Kim
Professor of Law, Yonsei University, Seoul, Korea President, Korean Society for the Sociology of Law Chairperson, Organizing Committee for the East Asian Law and Society Conference 2011 Fax +82 (0)303-0799-0377, Mobile +82 (0)10-3394-9436, eals.korea@gmail.com
Second East Asian law and Society Conference Program : Day One
Panel 14: Legal Education in Asia: Assessments and Proposals
Panel 8: Lay Participation in the Criminal Justice System I: Inside the Courtroom
Panel 25: North Korea: Citizens and the State
Panel 4: Independent Directors in Australasian Corporate Governance Law and Practice
Panel 36: Regulating the Spread of Rule of Law— Globally, Locally, and Virtually
Panel 6: Legisprudence and Legislative Evaluation
Panel 32: Pushing the Conceptual Boundaries of International Legal Framework
Chair: TBA Chair: TBA Chair: TBA Chair: Luke Nottage Chair: TBA Chair: Cheoljoon Chang Chair: TBA
Discussant: TBA Discussant: TBA Discussant: TBA Discussant: Bruce Aronson Discussant: TBA Discussant: TBA Discussant: TBA
Kwang-Jun Tsche: "Increasing Challenges for New Law Schools in Korea and Japan: Is the Korean System Better than the Japanese One?"
David T. Johnson: Capital
Punishment without Capital Trials in Japan’s Lay Judge System
Patricia Goedde: Rights Protection for North Korean Escapees in Refugee Law Context
Veronica Taylor: Donor Dynamics:
The Shift Toward Rule of Law Promotion
Luc J. Wintgens: Rationality of Legislation and Evaluation
Neha Bhat: "Reform in Legal Education: The Way Forward"
Kaoru Kurosawa: A Problem of Saiban-in Seido: Prosecutor Recommendation of Punishment
Amanda Anderson: The DPRK’s Law on Sex Equality and CEDAW
Hae Jeong Jun: Gender and Legal Education: A Case of Teaching Feminist Jurisprudence in Korea
Sangjoon Kim: The Assessment of Judicial Decision-Making in Jury Trial by Judge-Jury Agreement Analysis
Sejin Kim: Legal Basis for South Korean Government’s Emergency Plan in Response to Abrupt Collapse of North Korea
Manabu Matsunaka: The End of History for Kansayaku in Japan
Laura Marschner: The Dialects of International Criminal Law: A
‘Tower of Babel’?
Amy Heuy-Ling Shee and Yoshiharu Matsura: LawPack: A New Way of Doing Comparative Law in Contexts
Oh Geol Kwon: A Study on the Korean Jury Trial System
Luke Nottage, Matt Nichol and Fady Aoun: Independent Directors in Australia and Singapore: Same But Different?
Jongho Kim: IFIs’ Operating Mechanism and Changed Roles:
The Financial Crisis of Emerging and Different Sovereign States
Cheoljoon Chang: Judicial Review and Legislative Evaluation
Rostam Neuwirth: A State of
“Lawless Law” – The Oxymoron as a Modern Koan?
Young-Bae Son and Ji Yoon Park:
Law-Related Education in Korea:
Focused on LRE Programs by the Ministry of Justice
Panel 1: Test for Law School Admission: An East Asian Perspective
Panel 9: Lay Participation in the Criminal Justice System II: Socio-legal Perspectives
Panel 20: Degrees of Belonging:
Citizenship and Immigration in Asia
Panel 30: Comparative Corporate Governance in the Age of Globalization
Panel 19: Faces of Legality in East Asian History
Panel 10: Asian Constitutional Review in the Global Context
Chair: Jaewon Kim Chair: TBA Chair: TBA Chair: TBA Chair: TBA Chair: TBA
Discussant: TBA Discussant: TBA Discussant: TBA Discussant: TBA Discussant: TBA Discussant: TBA
Akira Fujimoto: Need Renovation?
The Japanese LSAT and Its Challenges
Valerie Hans: Comparative Empirical Study of Lay Participation in Legal Decision Making
Chulwoo Lee: The Law and Politics of Ethnizenship: The Creation and Preferential Treatment of Kin-Foreigners in Comparative Perspective
Caslav Pejovic: Japanese Corporate Governance: Insights from the Unsuccessful Adoption of the American Model
Yanhong Wu: Bringing Lawsuits to Court in Late Imperial China
Chaihark Hahm: Politicization of Constitutional Adjudication: The Case of a “European”
Constitutional Court in Korea
Jae-Hyup Lee: Looking for Legal Eligibility and Aptitude: A Korean Case
Sanghyun Lee: Embedding Jury Trial in South Korea’s Legal System as a Type of Legal Transplant
Douglas Branson: Sub-dialects and Corporate Governance in East Asia
Yonglin Jiang: Constructing Han Legal Identity in Yuan, Ming, and Qing China
David S. Law & Wen-Chen Chang:
The Limits of Transnational Judicial Dialogue
James Vaseleck, Jr.: Merit in Translation: Can LSAT Questions be Translated for Law Schools in Asia?
Manako Kinoshita: The Changes of Japanese Attitude toward the Lay Judge System before and after its Operation
Horace W.H. Yeung: Law and Finance: What Matters? Hong Kong as a Test Case
Duk Hee Lee Murabayashi & Tae-Ung Baik: Historical Development of Early Korean Immigration to Hawaii and Its Legal Structure
Clark Lombardi: Judicial Discovery of Islamic Law in Asia
Shozo Ota: The Confidentiality Duty of Saiban-in (Lay Judge)
Concerning the Deliberation:
Protection or Undue Constraint in the Eye of Potential Saiban-ins?
Eugene Kheng-Boon Tan: Nation-State or Global City? Challenges of Immigration, Citizenship and Belonging in Singapore
Shao Dan: Bloodline and Borderline: Chinese Nationality Law and State Succession
Dominic Nardi, Jr.: Judicial Empowerment under Authoritarian Regimes: Preliminary Cross-National Tests and Cases from Southeast Asia
Opening Session 30 September 2011 (Friday)
Registration & Greeting (Venue: Foyer)
Coffee Break (Venue: Foyer)
Tsung-Sheng Liao: “Common Problem” Rhetoric Expanding Subjects of International Law:
Taking Taiwan Joining WCPF Convention as an Example 11:00 a.m. -
12:30 p.m.
SESSION I
Session II
Andrew Wolman: Protection for Chinese Nationals who have Provided Humanitarian Assistance to North Korean Escapees: Recent Development in U.S. Immigration Law
Murshamshul Kamariah Musa:
Small Farmers and Intellectual Property: A Look at Farmers’
Rights
Gyehyeong Yun: Evaluation of Legislation in Korea – Past Development, Current Trends and Future Challenges
Young-Hee Shim: Globalization and Change of Migration-Related Laws in Korea: Focusing on the Change of Marriage Migration-Related Laws
Souichirou Kozuka and Jong-Ho Kwon: Independent Directors in Austral-Asia: Formally Convergent but Functionally Confusing
Lunch (Delegates' own costs) 2:30 p.m. -
4:00 p.m.
4:00 p.m. - 4:15 p.m.
Room 1 Room 2 Room 3 Room 4 Room 5 Room 6
Panel 2: Legal Education and Legal Professions in Japan and Hong Kong
Panel 33: Perceptions of the Law in Japan and Korea: the Old, the New, and the Absurd
Panel 22: Giving Voice to the Voiceless: Discrimination Issues in Asia
Panel 29: Legal Transplants in Commerce and Finance: The View from Asia
Panel 18: Locating “Law” in Asian Jurisprudence
Panel 11: Judicial Behavior and Interpretation in East Asia
Chair: Kay-Wah Chan Chair: TBA Chair: TBA Chair: TBA Chair: TBA Chair: TBA
Discussant: TBA Discussant: TBA Discussant: TBA Discussant: TBA Discussant: TBA Discussant: TBA
Colin Jones: Pushing on a String to Reform a Mirage: Legal Education and the Legal Profession in Japan
Anna Dobrovolskaia: Japan’s Pre-war Jury Trials as Seen by the Journalists of the HoritsuShinbun (The Legal News)
Lan Lan Liu: Employment Anti-discrimination against HBV Carriers in China
Ming Du: The Pitfall of Legal Transplant as Means of Legal Change in China: The Case of Chinese Company Law
Yong-Sung Jonathan Kang:
Legality and Morality in Korean Jurisprudence
Mark Levin: “Circumstances that would Prejudice Impartiality”: The Meaning of Fairness as Expressed in the Jurisprudence of Judicial Challenges in Japan
Richard Wu and Michael Dilena:
Second Chance Assessment:
Assessment Practice Reform in Hong Kong Legal Education
Leon Wolff: Japanese Attitudes to the Rule of Law: Perspectives from Popular Culture
MiYoung Gu: Korean Supreme Court Decisions on Employment Discrimination
Sean McGinty: Legal Origins and Finance in Japan
David Bergan: Dialects of Confucianism, Dialectics of Legal Culture
John Leitner: Conceptions of Equality through the Prism of Korean Judicial Review and Social Discourse
Kay-Wah Chan: A Comparative Historical Study of the Mentalities of Japanese and Hong Kong Lawyers
Michael H. Fox: Innocence &
Double Jeopardy in Japan: Is the Saibanin System Absurd?
JaeWon Kim: A Socio-legal Discourse on Mental Disability
Modh Zakhiri: Conceptualising Legal and Shariah Risks in Contemporary Islamic Finance Legal Framework: An Analysis of Islamic Commercial Dispute Resolution Cases 1983-2010 in Malaysia
Eric Yong Joong Lee: Concept of Law in Traditional East Asia
Sun Choi: Political and Institutional Causes of the Inconsistent Constitutional Review: Focusing on the Decisions Related with the Separation of Powers System in Korea
Vai Io Lo: The Internationalization of Legal Education in East Asia
Hiroshi Fukurai: Korea’s Two Key Legal Reforms of Lay Adjudication
Denis de Castro Halis: “Why Are Your Children Better than Mine?”
Requests (and Denials) of Macau’s Non-Resident Workers to Have Their Children Live with Them
Dong-Won Ko: Regulatory Response to the Global Financial Crisis: The Korean Experiences
Håkan Hydén: Putting Law in Context: Some Remarks on the Implementation of Law in China
Kyu Youm: Right of Reply in South Korean Media Law 30 Years After:
Taking Stock of Press Freedom v.
Reputational Interests
Klaus Ziegert: Path Dependence of Law: Comparing the
Differentiation Paths of Law in East Asia and Europe
6:00 p.m. - 8:00 p.m.
Reception (Venue: TBA) (Sponsored by the University of Washington, USA) Session III
4:15 p.m. - 5:45 p.m.
Coffee Break (Venue: Foyer)
Second East Asian law and Society Conference Program: Day Two
Room 1 Room 2 Room 3 Room 4 Room 5 Room 6
Panel 13: Politics of Lawyering in East Asia
Panel 37: Fukushima Nuclear Disaster, Energy Sovereignty and the Future of Atomic Energy Ambitions in East Asia
Panel 5: Legal Educations and Professions in China and Korea:
Issues of Gender, Child Support, and Multicultural Families
Panel 26: Indices and
Boundaries of Property Rights in Asia
Panel 28: Culture, Custom, and Comparative Law
Panel 17:Policy and Procedure in East Asian Criminal Justice
Chair: TBA Chair: Hiroshi Fukurai Chair: Haesook Kim Chair: TBA Chair: TBA Chair: TBA
Discussant: TBA Discussant: Hiroshi Fukurai Discussant: Grace Shu-chin Kuo Discussant: TBA Discussant: TBA Discussant: TBA
Terence Halliday and Sida Liu:
Political Liberalism and Politcal Embeddedness: Understanding Politics in the Work of Chinese Criminal Defence
Patricia Blazey: Does China's 12th Five Year Plan Allow for Sufficient Energy to be Produced from Nuclear Power Plants to Support Its Booming Economy in the Period 2011 -2015?
Xianan Liu: Women in Legal Education and the Legal Professions: Recent Changes
Chun Peng: A Party-State in Transition and Rule of Law in the Making? The Story of Eminent Domain in China
Kunihiko Yoshida: Challenges for Sino-Japanese Tort Law in the 21st Century: With Reference to Recent Legislation in China and a Critical "Rule of Law"
Zhiyuan Guo: Interaction between Menal Health Assessment and Criminal Justice System in Mainland China: An Emprirical Perspective
Takeshi Akiba: Cause Lawyering and Constitutional Change in Japan:
The Nationality Case of 2008
Hiroshi Fukurai: The Embracement of the Atomic Energy Program in Japan
Haesook Kim: Working with a New Paradigm: Prospects for the Legal Professions in Korea
Richard Wu: A Study of Title Registration System Development in Singapore: What Lessons Can Hong Kong Learn
Youn-Mee Cho: Human Rights of
"Thieves": A Case Study on Indonesian State Terror (Petrus) and the Logics in Adat
Samuel Clark: Corruption and Rule of Law in Post-Suharto Indonesia:
Mobilizing the Law to Prosecute Corruption versus Mobilizing the Law to Extort from Corruption
Eri Osaka: General Electric, Corporate Liability and the Fukushima Nuclear Disaster
Minji Kim: Child Support Enforcement in Korea
Jung-Jin Oh: Law's discourse about Communal Space: Comparing Korea and Japan
Salil Kumar Mehra: Accidents, Culture and Remedies: An Experiment
Koichi Hasegawa: Anti-Nuclear Movements in Japan
Min C. Kim: A Comparison between DNA and Fingerprint Evidence in Korea
Michelle Daigle: Parallel Disasters:
Lessons for Fukushima from Minamata’s Sociolegal Context
Mari Hirayama: Criminal Justice Policy for Sex offenders in Japan:
The Possibility of a Japanese Version of Megan's Law?
10:30 a.m. - 10:45 a.m.
Room 1 Room 2 Room 3 Room 4 Room 5 Room 6
Panel 12: Recent Developments in the Legal Profession
Panel 24: Regulating Health and Safety through Law
Panel 21: Engendering Equality in Family, Politics, and Military
Panel 23: Rights and Duties in Cyberspace: Internet Law in Asia
Panel 27: Many Layers of the Law: Legal Pluralism in South and Southeast Asia
Panel 16:Toward "Civility" in Mediation: China, Taiwan and Korea
Chair: TBA Chair: TBA Chair: TBA Chair: TBA Chair: TBA Chair: TBA
Discussant: TBA Discussant: TBA Discussant: TBA Discussant: TBA Discussant: TBA Discussant: TBA
Kukwoon Lee: Recent Changes in Korean Large Law Firms
Minyoung Choi: Universality and Particularity of Human Dignity with regard to Bioethics and Safety Act in Korea
Hyunah Yang: Legal Discourse of
"Gender Difference" in the Men-only Draft System in Korea
Matthew Wilson: E-Elections: Law in Asia & Online Political Activities
Shu-chin Grace Kuo: Cultural Legal Analysis of Family Dispute Mediation in Taiwan
Kota Fukui: Japanese Lawyers and Their Changing Roles
Yohei Katano: Food Safety and Social Justice: The Case of Japan
Atsushi Bushimata: The Recent Development of the Bar-Sponsored Lawyer Referral Service in Japan
Robert Leflar: Legal and Institutional Responses to Manmade Public Health Disasters:
Medical and Nuclear Accidents Compared
Nor Fadzlina Nawi: Family Mediation in Malaysian Muslim Society: Some Lessons for the Civil Family Law in Malaysia
Yukyoung Choe: [Legal Education Reform Process in Korea]
Young Hoa Jung: The Legal Econo-Sociological Analysis on the Public Conflicts of the Medical
Specialization in Korean Recent Cases
EunHee Cho: Gender Equality as Seen Through the Course of Changes in the Marital Property System in Korea
Taiwon Oh: Concept of Privacy in Social Network Service
Tamara Relis: Conceptualisations of Justice in Legal and Quasi-Legal Regimes Processing Human Rights Cases in India
Won Kyung Chang: Criminal Mediation in Korea: Changing Rooms from Criminal Trials to Ciivil Cases
Dongsheng Zhang: Food Safety and Law in China
Jin-Sook Yun: Changes to Surname in Korean Family Law and Gender Equality
Kwai Ng: What is "common"
among the common law of Hong Kong, Malaysia and Singapore today?
12:15 p.m. - 2:00 p.m.
Richard Powell and Azirah Hashim: Comparing Language Policy and Discourse Management in Malaysian Syariah and Common Law Courts
Jau-Yuan Hwang: Gender-Based Affirmative Actions in Taiwan:
From Women Quota to Gender Proportion
Yun-Hsien Diana Lin: Civil Mediation in Taiwan and Mainland China: Legal Culture, Practices and Recent Developments
Lunch (Delegates' own costs)
Yi-Jong Suh and Youngjin Kim:
Public Interest and Freedom of Expression: A Sociological Approach to the Minerva Case in Korea
1 October 2011 (Saturday) 9:00 a.m. -
10:30 a.m. SESSION IV
Mami Hiraike Okawara and Kazuhiko Higuchi: A Presumption of Guilt rather than Presumption of Innocence Appeared in a
Japanese Criminal Case of Complicity
Tomohiko Maeda: Processes and Qualities of Legal Services Provided through Lagal Counseling Center:
Findings fom the Follow-Ups of Nationwide Survey on Legal Counseling
Hyo Jean Song: Multiculturalism and Legal Issues related to Children in Korea
Coffee Break (Venue: Foyer) 10:45 a.m. -
12:15 p.m.
SESSION V
Room 1 Room 2 Room 3 Room 4 Room 5 Room 6 Panel 7: Lawyers in the Silver
Screen and the TV in East Asia
Panel 31: Limits of State-centered Law in Redressing Rights Violations
Panel 3: Sexual Orientation and Gender Identity Law and Cases in East Asia
Panel 35: Freedom of Expression as a Right in East Asia:
Balancing of Speech with Individual and Societal Interests in the Internet Era
Panel 34: Balancing Rights Conflicts in Asia
Panel 15: Frontiers of Dispute Resolution in East Asia
Chair: Jae-Hyup Lee Chair: TBA Chair: TBA Chair: Kyu Ho Youm Chair: TBA Chair: TBA
Discussant: Jisuk Woo Discussant: TBA Discussant: TBA Discussant: Kyu Ho Youm Discussant: TBA Discussant: TBA
Alison Connor: Trials (and Justice) in the Movies of Xie Jin
Tae-Ung Baik: Getting to the Truth:
The Procedural Fairness for Transitional Justice in South Korea
Hiroyuki Taniguchi: Law and Sexuality in Japan: Heterosexism, Gender Binary and Family Values
Jyh-An Lee: Filtering online content: 'Code is Law' in the Case of China
JuYoung Kim: A Review on the Practical Extension of "Human Rights" in Korea: The Students Human Rights Orginance in Gyeonggi Province
Shahla Ali: Exploring Effective Financial Dispute Resolution Design Models through a Dialectic Process: Experiences from East Asia
Takayuki Ii: Lawyers in the Media:
The Case of Japan
Luh Rina Apriani: The Importance of Recognitions and Fulfillment on the Rights of Indigenous Peoples in Climate Change Mitigation Efforts
Garam Han: The Legal Reality of Homosexuals in South Korea
Eric Fish: Is Internet Censorship Compatible with Democracy?
Rikiya Kuboyama: Conflicts and Conflict Resolutions of the Field of Sex-Business: Can the Law control It and Should It?
Flora Xiao Huang: China's International Arbitration at Crossraod
Jae-Hyup Lee: Legal
Consciousness and Images of Lawyers as Reflected in Korean Legl TV Dramas
Sang Soo Lee: The Judicial Control of Human Rights Abuses
Sang Soo Lee: The Judicial Control of Human Rights Abuses