Transnational Legal Ordering of Criminal Justice

Chapter IN: Transnational Legal Ordering of Criminal Justice, edited by Gregory Shaffer & Ely Aaronson, Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press, 2020)

UC Irvine School of Law Research Paper No. 2020-71

48 Pages Posted: 15 Dec 2020

See all articles by Ely Aharonson

Ely Aharonson

Haifa University - Faculty of Law

Gregory Shaffer

University of California, Irvine School of Law

Date Written: December 12, 2020

Abstract

The studies in this book examine the processes through which transnational criminal justice norms are being formed and institutionalized, migrate across jurisdictions, and shape the practices and attitudes of national and local actors. They assess the driving forces behind the emergence of new mechanisms of transnational legal ordering in diverse areas of criminal justice, analyze their limits and their effects, and evaluate their implications for our understanding of the nature of criminal law as a social and political institution. This introductory chapter sets the analytic framework for these inquiries. Drawing on the book’s case studies, we explore a number of theses for explaining why illicit activities and law enforcement practices become objects of transnational regulation. We consider how competition among and resistance within transnational legal orders shape and constrain their formation, institutionalization, and consequences. Finally, we highlight the book’s contribution to the broader project of developing a socio-legal theory of transnational legal ordering and to scholarly debates regarding the impact of globalization on criminal justice policies.

Keywords: law and globalization,transnational legal ordering,international criminal law,transnational crime,transnational legal theory,comparative criminal justice,socio-legal theory,punishment and society,human rights

Suggested Citation

Aharonson, Ely and Shaffer, Gregory C., Transnational Legal Ordering of Criminal Justice (December 12, 2020). Chapter IN: Transnational Legal Ordering of Criminal Justice, edited by Gregory Shaffer & Ely Aaronson, Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press, 2020) , UC Irvine School of Law Research Paper No. 2020-71, Available at SSRN: https://ssrn.com/abstract=3747377

Ely Aharonson

Haifa University - Faculty of Law ( email )

Mount Carmel
Haifa, 31905
Israel

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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