Abstract

http://ssrn.com/abstract=2293162
 


 



The Movement of U.S. Criminal and Administrative Law: Processes of Transplanting and Translating


Toby S. Goldbach


Cornell University - Law School

Benjamin Brake


Government Department, Cornell University

Peter Katzenstein


Cornell University

July 1, 2013

Indiana Journal of Global Legal Studies, Vol. 20, No. 1, 2013

Abstract:     
This article examines the transplanting and translating of law in the domains of criminal procedure and administrative law. The transnational movement of law is full of unexpected twists and turns that belie the notion of the United States as a legal behemoth. Furthermore, the movement of legal procedures which occurs both within and across countries with common and civil law legal traditions challenges preconceived notions of an orderly divide between legal families. While the spread of elements of the U.S. jury system and methods of plea bargaining reveals the powerful influence of U.S. legal ideas, the ways that these procedures undergo processes of translation also illustrates the growing prevalence of legal syncretism. The uneven record of transplanting and translating principles of U.S. domestic administrative law into international organizations exemplifies pluralism in the absence of a global legal hegemon. Our aim is to draw attention to the interaction between international and domestic legal factors and to show that multiple legal products shape processes of transplanting and translating, thus creating a polymorphic legal world often characterized by syncretic practices. The new normal is broad consultation of a range of international models and a facility for translating multiple or even conflicting legal practices. This presents opportunities for positive legal change and complicates efforts to locate clear sources of power in the movement of law.

Number of Pages in PDF File: 44

Keywords: Legal Transplants, Transnational Law, Global Administrative Law, Criminal Procedure, Chinese Law, Judicial Review

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Date posted: July 13, 2013 ; Last revised: August 26, 2013

Suggested Citation

Goldbach, Toby S. and Brake, Benjamin and Katzenstein, Peter, The Movement of U.S. Criminal and Administrative Law: Processes of Transplanting and Translating (July 1, 2013). Indiana Journal of Global Legal Studies, Vol. 20, No. 1, 2013. Available at SSRN: http://ssrn.com/abstract=2293162

Contact Information

Toby Susan Goldbach (Contact Author)
Cornell University - Law School ( email )
524 College Ave
Myron Taylor Hall
Ithaca, NY 14853
United States
Benjamin Brake
Government Department, Cornell University ( email )
Ithaca, NY 14853
United States
609 851-2505 (Phone)
Peter Katzenstein
Cornell University ( email )
Ithaca, NY 14853
United States
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