Globalization of Law

Abstract

Globalization of law may be defined as the worldwide progression of transnational legal structures and discourses along the dimensions of extensity, intensity, velocity, and impact. We propose that a theory of the global penetration of law will require at least four elements-actors, mechanisms, power, and structures and arenas. A comparison of four approaches to globalization and law-world polity, world systems, postcolonial globalism, and law and economic development-indicates considerable variation in perceived outcomes and gaps in explanation, but with possible complementarities in both outcomes and explanatory factors. Research demonstrates that globalization is variably contested in several domains of research on law: (a) the construction and regulation of global markets, (b) crimes against humanity and genocide, (c) the diffusion of political liberalism and constitutionalism, and (d) the institutionalization of women's rights. We propose that the farther globalizing legal norms and practices are located from core local cultural institutions and beliefs, the less likely global norms will provoke explicit contestation and confrontation. Future research will be productively directed to where and how global law originates, how and when global norms and law are transmitted and enforced, and how global-local settlements are negotiated. GLOBALIZATION OF LAW 449 initially contextualized definitions, interpretations, diagnoses, frames, archaeologies, genealogies, and extrapolations in accord with the universality inherent in the globalization discourse. An arena may be said to be globalized when there is a coincidence of structural and discursive elements. Variation in the advance of globalization occurs in both structural and discursive elements, which may be arrayed along dimensions of extensity (i.e., breadth of inclusion of nation-states, policy domains within states), intensity (i.e., how deeply a global influence penetrates inside states, societies, and consciousnesses), velocity (i.e., how rapid the flow of a globalizing content), and impact (i.e., the degree of change effected directly or indirectly by a global encounter) (Held et al. 1999). Thus, a highly globalized domain includes structural changes that are fast moving and extensive and that penetrate intensively into a society with strong impact. A highly globalized domain is dominated by discourses that are universalized and that obtain consensus deep within adopter societies.

The Recursivity of Law: Global Norm Making and National Lawmaking in the Globalization of Corporate Insolvency Regimes

“…Three areas of scholarship do consider issues of globalization and law, and they point to aspects that engage the theory of recursivity we develop here (Halliday and Osinsky 2006). Within sociology, world society or world polity theory posits that a powerful set of norms, originating in Christianity and subsequently incorporated into Western culture, have been diffused universally, producing a surprising degree of normative convergence, principally through the intermediation of professionals, scientists, and international nongovernment organizations (Boli and Thomas 1999).…”

“…neglect is apparent on both sides of the law and globalization equation: the sociology of law has remained overwhelmingly focused on the nationstate despite strong theoretical traditions that are attentive to transnational developments; furthermore, globalization studies, with important exceptions, shy away from law, ignoring even the legal dimensions of whatever globalization process is the object of inquiry (Halliday and Osinsky 2006). 2 We offer a way forward not only for the sociology of law and globalization respectively but also for their rapprochement.…”

From Legal Translation to Legal Globalization: Globalization of Criminal Laws to Counter Global Crimes

“…Globalization of law" is defined as "the worldwide progression of transnational legal structures and discourses along the dimensions of extensity, intensity, velocity and impact" [4]. From legal point, the concept of globalization of the law is, after all, an issue that embodies various things to several types of people.…”

Sex Laws and Sexuality Rights in Comparative and Global Perspectives

“…Long-standing nation-state prohibitions come alive under the new yardstick of universal freedom and justice as the national prohibitions confront the international protections (Boyle & Meyer 1998, Halliday & Osinsky 2006. Even the groups fighting for national recognition do so in universalistic terms with direct reference to their fundamental human rights.…”

“…Some scholars posit that the more global legal norms intersect with local legal institutions and cultural beliefs, the greater the potential for conflict between the two (Halliday & Osinsky 2006). According to Saiz (2004), the potential for conflict leads to the bracketing of sexuality from particular UN forums despite the large strides made overall on issues linked with sexuality.…”