Theorizing Transnational Legal Ordering

Posted: 18 Nov 2016

See all articles by Gregory Shaffer

Gregory Shaffer

Georgetown University Law Center

Multiple version iconThere are 2 versions of this paper

Date Written: October 2016


This article categorizes three approaches to theorizing transnational legal ordering that respectively address private legal ordering; provide a framework for the study of the interaction of lawmaking and practice at the transnational, national, and local levels; and reconfigure the concept of law. The first approach develops theories of private legal ordering, involving lawmaking, adjudication, and enforcement through nonstate actors and institutions. The second approach provides a theoretical framework for sociolegal study of the transnational processes through which legal norms are constructed, flow, and settle across national borders. The third develops theory to critique and reformulate the concept of law in transnational terms that include nonstate processes.

Suggested Citation

Shaffer, Gregory, Theorizing Transnational Legal Ordering (October 2016). Annual Review of Law and Social Science, Vol. 12, pp. 231-253, 2016, Available at SSRN: or

Gregory Shaffer (Contact Author)

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
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