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

Fleur E. Johns
Sydney Law School

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.

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

JEL Classifications: K33, K40, N20, L20

Accepted Paper Series

Date posted: April 23, 2007 ; Last revised: 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

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Contact Information

Fleur E. Johns (Contact Author)

Sydney Law School ( email )

Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia