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Recursivity of Global Normmaking: A Sociolegal Agenda
In: Annual Review of Law and Social Science, Band 5, S. 263-289
SSRN
Globalization of Law
In: Annual review of sociology, Band 32, Heft 1, S. 447-470
ISSN: 1545-2115
Globalization of law may be defined as the worldwide progression of transnational legal structures and discourses along the dimensions of extensity, intensity, velocity, and impact. We propose that a theory of the global penetration of law will require at least four elements—actors, mechanisms, power, and structures and arenas. A comparison of four approaches to globalization and law—world polity, world systems, postcolonial globalism, and law and economic development—indicates considerable variation in perceived outcomes and gaps in explanation, but with possible complementarities in both outcomes and explanatory factors. Research demonstrates that globalization is variably contested in several domains of research on law: (a) the construction and regulation of global markets, (b) crimes against humanity and genocide, (c) the diffusion of political liberalism and constitutionalism, and (d) the institutionalization of women's rights. We propose that the farther globalizing legal norms and practices are located from core local cultural institutions and beliefs, the less likely global norms will provoke explicit contestation and confrontation. Future research will be productively directed to where and how global law originates, how and when global norms and law are transmitted and enforced, and how global-local settlements are negotiated.
The Recursivity of Law: Global Norm Making and National Lawmaking in the Globalization of Corporate Insolvency Regimes
In: The American journal of sociology, Band 112, Heft 4, S. 1135-1202
ISSN: 1537-5390
Institutional Lessons from Insolvency Reforms in East Asia
In: Credit Risk and Credit Access in Asia, S. 17-40
Fighting for political freedom: comparative studies of the legal complex and political liberalism
In: Oñati international series in law and society
Rhetorical Legitimation: Global Scripts as Strategic Devices of International Organizations
In: Center on Law and Globalization Research Paper No. 09-06
SSRN
Working paper