Transnational Legal Orders

Chapter 1, Transnational Legal Orders, Cambridge University Press, 2015

UC Irvine School of Law Research Paper No. 2015-56

68 Pages Posted: 14 May 2015

See all articles by Terence C. Halliday

Terence C. Halliday

American Bar Foundation

Gregory Shaffer

University of California, Irvine School of Law

Date Written: May 12, 2015

Abstract

This is the introductory chapter for the book Transnational Legal Orders (CUP 2015). The chapter sets out an analytic framework for building theory and studying transnational legal orders (TLOs), and it consists of six sections. Section I defines the concept of TLOs and its three composite terms – transnational, legal, and order. Section II compares and contrasts the theory and analytic framework of TLOs with three others developed in the disciplines of political science, sociology, and law – regime theory, world polity theory, and legal pluralism. In this way, it highlights the value of developing TLO theory and using the TLO analytic framework. Section III examines the differentiated scope of TLOs along two dimensions – their legal scope and geographical scope. Section IV formulates theoretical foundations for understanding the formation, development, and change of TLOs in terms of facilitating circumstances, precipitating conditions, and the recursivity of lawmaking and implementation across levels of social organization. Section V assesses the institutionalization of TLOs along our two dimensions – normative settlement and issue alignment among one or more TLOs. Section VI examines five classes of potential impacts of variously institutionalized TLOs. The chapter creates a conceptual framework for studying both the institutionalization of legal orders across national boundaries and the ensuing implications for law and social ordering more generally.

Keywords: Transnational Legal Orders, socio-legal theory, normative settlement, institutional alignment, institutional concordance

Suggested Citation

Halliday, Terence C. and Shaffer, Gregory C., Transnational Legal Orders (May 12, 2015). Chapter 1, Transnational Legal Orders, Cambridge University Press, 2015, UC Irvine School of Law Research Paper No. 2015-56, Available at SSRN: https://ssrn.com/abstract=2605625

Terence C. Halliday

American Bar Foundation ( email )

750 N. Lake Shore Drive
Chicago, IL 60611
United States

Gregory C. Shaffer (Contact Author)

University of California, Irvine School of Law ( email )

401 E. Peltason Dr.
Ste. 1000
Irvine, CA 92612
United States

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