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37 results

Page 1 of 2

  • Defining Crimes in a Global Age: Criminalization as a Transnational Legal Process

  • Ely Aaronson, Gregory Shaffer
  • Journal:
    Law & Social Inquiry / Volume 46 / Issue 2 / May 2021
    Published online by Cambridge University Press:
    18 December 2020, pp. 455-486
    Print publication:
    May 2021
    • Article
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  • The design of empirical research and theory-building projects in the sociolegal literature on criminalization is often premised on a presumed dichotomy between domestic and international planes of criminal lawmaking. However, in a global era in which domestic processes of criminalization are increasingly shaped by norms, institutions, and actors developed and operating outside national borders, criminalization research should develop a new theoretical frame for studying how international and domestic practices of criminal lawmaking interact with one another. This article builds from the theory of transnational legal orders and the recursivity of law to propose a transnational processual theoretical framework for the study of criminalization. This framework provides tools for investigating how criminal prohibitions are constituted through recursive interactions between actors operating in international, national, and local sites of legal practice. It draws on empirical studies to show how the processes of constructing, applying, and contesting definitions of international and transnational crimes are embedded in broader structures of power. The article demonstrates how a processual theory of transnational criminalization sheds light on important sociolegal questions about the driving forces and consequences of current efforts to harmonize the definitions of criminal activities across national jurisdictions.

  • Chapter Six - The Strange Career of the Transnational Legal Order of Cannabis Prohibition

  • from Part II - Transnational Legal Ordering and Transnational Crimes
  • Edited by Gregory Shaffer, University of California, Irvine, Ely Aaronson, University of Haifa, Israel
  • Book:
    Transnational Legal Ordering of Criminal Justice
    Published online:
    05 June 2020
    Print publication:
    02 July 2020, pp 176-202

  • Summary

    In an era that is often characterized as one of a growing convergence of the laws governing criminal activities in different countries, the issue-area of cannabis policy undergoes processes of fragmentation and polarization. Some countries continue to criminalize all forms of medical and recreational uses of cannabis. Others have sought to “separate the market” for cannabis from that of other drugs by decriminalizing the possession of small amounts of marijuana, authorizing its use for medical purposes, and establishing administrative measures for taxing and regulating the commercial sale of the drug. This chapter explores the causes and consequences of the decline of the transnational legal order of cannabis prohibition. It shows how the erosion of the regulatory capacities of this transnational legal order reflects deep-seated political conflicts over the legitimacy of prohibition norms in this field. It analyzes the ways in which conflicting regulatory approaches become institutionalized as a consequence of the structural mismatch between the actors framing the meaning of cannabis prohibition norms at the international level and the actors implementing these norms in national and local contexts. Finally, the chapter shows how this transnational legal order has created path-dependent trajectories of legal change that continue to shape domestic drug policies in various countries.

  • Chapter One - The Transnational Legal Ordering of Criminal Justice

  • from Part I - Introduction
  • Edited by Gregory Shaffer, University of California, Irvine, Ely Aaronson, University of Haifa, Israel
  • Book:
    Transnational Legal Ordering of Criminal Justice
    Published online:
    05 June 2020
    Print publication:
    02 July 2020, pp 3-48

  • Summary

    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.

Transnational Legal Ordering of Criminal Justice
  • Edited by Gregory Shaffer, Ely Aaronson
  • Published online:
    05 June 2020
    Print publication:
    02 July 2020
  • Hard and soft law developed by international and regional organizations, transgovernmental networks, and international courts increasingly shape rules, procedures, and practices governing criminalization, policing, prosecution, and punishment. This dynamic calls into question traditional approaches that study criminal justice from a predominantly national perspective, or that dichotomize the study of international from national criminal law. Building on socio-legal theories of transnational legal ordering, this book develops a new approach for studying the interaction between international and domestic criminal law and practice. Distinguished scholars from different disciplines apply this approach in ten case studies of transnational legal ordering that address transnational crimes such as money laundering, corruption, and human trafficking, international crimes such as mass atrocities, and human rights abuses in law enforcement. The book provides a comprehensive treatment of the changing transnational nature of criminal justice policymaking and practice in today's globalized world.

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