Transnational Legal Ordering of Criminal Justice

Gregory Shaffer · Ely Aaronson

2020년 7월 · Cambridge University Press

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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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Gregory Shaffer is Chancellor's Professor at the University of California, Irvine. His publications include seven books and over one hundred articles and book chapters, including Constitution-Making and Transnational Legal Order (with Ginsburg and Halliday, 2019); Transnational Legal Orders (with Halliday, 2015); and Transnational Legal Ordering and State Change (2013).

Ely Aaronson is an Associate Professor at the University of Haifa, Faculty of Law. His main areas of scholarship include legal history, socio-legal theory, criminal justice, and comparative and transnational legal theory. He is the author of From Slave Abuse to Hate Crime: The Criminalization of Racial Violence in American History (2014).