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

22 Pages Posted: 23 Apr 2007  

Fleur E. Johns

University of New South Wales, Faculty of Law

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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 Classification: K33, K40, N20, L20

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: https://ssrn.com/abstract=981325

Fleur E. Johns (Contact Author)

University of New South Wales, Faculty of Law ( email )

UNSW Australia
Sydney, New South Wales 2052
Australia
+61 2 9385 9893 (Phone)

HOME PAGE: http://www.law.unsw.edu.au/profile/fleur-johns

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