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Law and Economic Development: The Cautionary Tale of Colonial Burma

Published online by Cambridge University Press:  29 January 2014

Thomas H. STANTON
Thomas H. STANTON*
Affiliation:
Johns Hopkins University
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Abstract

Burmese colonial history suggests that a legal system cannot operate independently from the felt needs of the people who are supposed to obey the law. Despite a monopoly of force for many decades, the British failed to create a sustainable legal system in Burma. Colonial status shifted Burma’s economic role from subsistence agriculture to the generation of large-scale exports. By undermining the traditional Burmese legal system and substituting Western international standards of property rights, enforceability of contracts, and an independent judiciary—all attributes of what some consider to be the “Rule of Law”—the legal system amplified and channelled destructive economic and social forces rather than containing them. This paper examines traditional Burmese law, the administration of law in British Burma, and the consequences of the new legal system for the country and its own stability. The paper concludes by suggesting lessons for Myanmar today, and for the study of the “Rule of Law.”

Keywords

“Rule of Law,”colonial lawlaw and customlaw and developmentcolonial administrationBurma
Type
Legal Profession and Social Change in East Asian Countries
Information
Asian Journal of Law and Society , Volume 1 , Issue 1 , May 2014 , pp. 165 - 181
Copyright
Copyright © Cambridge University Press and KoGuan Law School, Shanghai Jiao Tong University 

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Footnotes

*

Thomas H. Stanton served as a graduate teaching assistant in Southeast Asian history for Professor Harry J. Benda at Yale University and then studied law at Harvard. He is a lecturer at Johns Hopkins University and a Fellow of the (US) National Academy of Public Administration. Mr Stanton’s most recent book is Why Some Firms Thrive While Others Fail: Governance and Management Lessons from the Crisis (Oxford University Press, 2012), which he discussed in a paper presented at the Third East Asian Law and Society Conference at the KoGuan Law School, Shanghai Jiao Tong University, in March 2013. Mr Stanton holds a BA from the University of California at Davis, an MA from Yale University, and a JD from the Harvard Law School. He is fluent in German and has conducted research in several countries. The author wishes to acknowledge the help and encouragement of many people in the preparation of this paper, including law professors Jerome Cohen, David Trubek, Henry Steiner, and Harold Berman, Professor David Steinberg, Walter Cohn, and especially his mentor and teacher, Professor of Southeast Asian history Harry J. Benda. Thanks also to anonymous reviewers for their very helpful comments on an earlier draft. All responsibility for the research and analysis of this paper rests solely with the author.

References

List of cases

Crown v. Chan Mya (1902) 1 L.B.R. 297.Google Scholar
In re Maung Thein Maung v. Ma Kywe (1935) 13 Ran. 412 (F.B.).Google Scholar
Ma E Mya v. Ma Kun (1892) II U.B.R. (1892–96) 102, 108.Google Scholar
Ma Hla Gywe v. Ma Thaik (1896) II U.B.R. (1892–96) 377.Google Scholar
Ma In Lun v. Ma Me Hla Bye (1894) P.J. 85.Google Scholar
Ma Le v. Ma Pauk Pin (1883) S.J. 225.Google Scholar
Ma Lon v. Maung Myo (1893) II U.B.R. (1892–96) 350.Google Scholar
Ma Po v. Ma Swe Mi (1897) II U.B.R. (1897–1901) 79.Google Scholar
Maung Hmin Gyaung v. Maung Shwe Min (1883) S.J. 233.Google Scholar
Maung Naung v. Ma Bok Son (1902) 1 L.B.R. 192.Google Scholar
Maung Shwe Maung v. Maung Shwe Yit (1891) S.J. 549.Google Scholar
Maung Tun U v. Maung Nyun (1892) S.J. 642.Google Scholar
Mi Pa Du v. Maung Shwe Bauk (1891) S.J. 607.Google Scholar
Mi Thit v. Maung To Aung (1883) S.J. 197.Google Scholar
Nga Shwe Ku v. Nga Kway Ywe (1877) S.J. 78.Google Scholar
U Pyinnya v. Maung Law (1929) 7 Ran. 677 (F.B.).Google Scholar

Indispensable for finding cases were:

Halker, S.S. (1918) Digest of Civil Rulings of Burma, 1872–1917, Rangoon: Rangoon Times Press.Google Scholar
Mootham, O.H. (1939) Burmese Buddhist Law, London: Oxford University Press.Google Scholar

List of references

Andrus, James R. (1943) An Economic Survey of Burma, Washington, DC: US Department of State.Google Scholar
Andrus, James R. (1948) Burmese Economic Life, Stanford: Stanford University Press.Google Scholar
Aung-Thwin, Michael (1985) “The British ‘Pacification’ of Burma: Order without Meaning.” 16 Journal of Southeast Asian Studies 245–261.CrossRefGoogle Scholar
Aung-Thwin, Michael & Aung-Thwin, Maitrii (2012) A History of Myanmar Since Ancient Times: Traditions and Transformations, London: Reaktion Books.Google Scholar
Ba, U (1959) My Burma: The Autobiography of a President, New York: Taplinger Publishing Co., Inc.Google Scholar
Belton, Rachel Kleinfeld (2005) Competing Definitions of the Rule of Law: Implications for Practitioners (Carnegie Papers No 55), Washington, DC: Carnegie Endowment for International Peace.Google Scholar
Brown, Ian (2011) “Tracing Burma’s Economic Failure to its Colonial Inheritance.” 85 Business History Review 725–747.CrossRefGoogle Scholar
Cady, John F. (1954) “Political Institutions of Old Burma.” (Data Paper Number 12, Southeast Asia Program), Ithaca, NY: Cornell University.Google Scholar
Cady, John F. (1958) A History of Modern Burma, Ithaca, NY: Cornell University Press.Google Scholar
Cady, John F. (1964) Southeast Asia: Its Historical Development, New York: McGraw-Hill Book Co.Google Scholar
Christian, John L. (1942) Modern Burma, Berkeley, CA: University of California Press.Google Scholar
Collis, Maurice S. (1938) Trials in Burma, London: Faber and Faber.Google Scholar
Daniels, Ronald J.Trebilcock, Michael J. & Carson, Lindsey D. (2011) “The Legacy of Empire: The Common Law Inheritance and Commitments to Legality in Former British Colonies.” 49 American Journal of Comparative Law 111–178.CrossRefGoogle Scholar
Furnivall, J.S. (1956) Colonial Policy and Practice, New York: New York University Press.Google Scholar
Furnivall, J.S. (1957) An Introduction to the Political Economy of Burma, 3rd edn, Rangoon: Burma Book Club.Google Scholar
Government of India, Legislative Department (1899) The Burma Code, Third Edition, 1899, Calcutta: Government Printers.Google Scholar
Halker, S.S. (1918) Digest of Civil Rulings of Burma, 1872–1917, Rangoon: Rangoon Times Press.Google Scholar
Harvey, G.E. (1925) History of Burma from the Earliest Times to 10 March 1824, London: Longmans, Green & Co.Google Scholar
Harvey, G.E. (1946) British Rule in Burma, 1824–1942, London: Faber and Faber.Google Scholar
Harvey, G.E. (1968) “Burma, 1852–1918” Cambridge History of India, Vol. VI, Cambridge: Cambridge University Press, 441–447.Google Scholar
Heine-Geldern, Robert (1956) Conceptions of State and Kingship in Southeast Asia (Data Paper No. 18, Southeast Asia Program), Ithaca, NY: Cornell University Press.Google Scholar
Htin Aung, Maung (1962) Burmese Law Tales: The Legal Element in Burmese Folk-lore, London: Oxford University Press.Google Scholar
Huxley, Andrew (1988–89) “Burma: It Works, But is it Law?” 27 Journal of Family Law 23–34.Google Scholar
Huxley, Andrew (2001) “Positivists and Buddhists: The Rise and Fall of Anglo-Burmese Ecclesiastical Law.” 26 Law & Social Inquiry 113–142.CrossRefGoogle Scholar
Lee, Orlan (1978) Legal and Moral Systems in Asian Customary Law: The Legacy of the Buddhist Social Ethic and Buddhist Law, San Francisco: Chinese Materials Center.Google Scholar
Lingat, R. (1950) “Evolution of the Conception of Law in Burma and Siam.” 38 Journal of the Siam Society 9–31.Google Scholar
Maung, Maung (1963) Law and Custom in Burma and the Burmese Family. The Hague: Martinus Nijhoff.CrossRefGoogle Scholar
McPherson, B.H. (2007) The Reception of English Law Abroad, Brisbane: Supreme Court of Queensland Library.Google Scholar
Mootham, O.H. (1939) Burmese Buddhist Law, London: Oxford University Press.Google Scholar
Myint, Zan (2000) “Woe Unto Ye Lawyers: Three Royal Orders Concerning Pleaders in Early Seventeenth-Century Burma.” 44 American Journal of Legal History 40–72.Google Scholar
Pollock, Sir Frederick (1961) “The History of English Law as a Branch of Politics,” in A.L. Goodhart, ed., Jurisprudence and Legal Essays by Sir Frederick Pollock, Bt. (1845–1937), New York: St. Martin’s Press, 185–211.Google Scholar
Robinson, Ronald (1972) “Non-European Foundations of European Imperialism: Sketch for a Theory of Collaboration,” in Roger Owen & Bob Sutcliffe, eds., Studies in the Theory of Imperialism, London: Longman, 117–140.Google Scholar
Sarkisyanz, Manuel (1968) “Messianic Folk Buddhism as Ideology of Peasant Revolts in Nineteenth and Early Twentieth Century Burma.” 10 Review of Religious Research 32–38.CrossRefGoogle Scholar
Shway, Yoe (pseud., Sir J.G. Scott) (1910) The Burman, His Life and Notions, London: Macmillan.Google Scholar
Stephenson, Matthew (2005) Rule of Law as a Goal of Development Policy, Washington, DC: World Bank Group.Google Scholar
Symes, Michael (1800) An Account of an Embassy to the Kingdom of Ava in 1795, London: W. Bulmer & Co.Google Scholar
U Tun Wai (1961) Economic Development of Burma from 1800 to 1940, Rangoon: University of Rangoon Press.Google Scholar
World Bank Group and International Finance Corporation (2013) Doing Business 2013: Smarter Regulations for Small- and Medium-Sized Businesses, 10th edn, Washington, DC: World Bank Group and International Finance Corporation.Google Scholar