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Performing Power: The Deal, Corporate Rule, and the Constitution of Global Legal Order


Fleur E. Johns


University of New South Wales, Faculty of Law; Faculty of Law, University of NSW


Journal of Law and Society, Vol. 34, No. 1, pp. 116-138, 2007
Sydney Law School Research Paper No. 07/16

Abstract:     
This article presents a stylized account of legal work involved in doing a corporate deal transnationally, drawing inspiration from the work of American legal realist, Robert Hale. In so doing, it seeks to show that legal institutions on which transnational corporate power depends are far more plastic, discordant, and irresolute than commonly recorded. By tethering global legal order to the decisive interiority of the transnational corporation, while taking that interior for granted, recent accounts (such as those of Michael Hardt and Antonio Negri or A. Claire Cutler) may do more to fortify than query the contemporary 'rule' of global capital.

Number of Pages in PDF File: 22

Keywords: international corporate transactions, international law, global capital, legal realism

JEL Classification: K33, K40, N20, L20

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Date posted: April 23, 2007  

Suggested Citation

Johns, Fleur E., Performing Power: The Deal, Corporate Rule, and the Constitution of Global Legal Order. Journal of Law and Society, Vol. 34, No. 1, pp. 116-138, 2007; Sydney Law School Research Paper No. 07/16. Available at SSRN: http://ssrn.com/abstract=981325

Contact Information

Fleur E. Johns (Contact Author)
University of New South Wales, Faculty of Law ( email )
Kensington, New South Wales 2052
Australia
Faculty of Law, University of NSW ( email )
Faculty of Law
University of NSW
Sydney, NSW 2052
Australia
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