Law can no longer be viewed through a purely national lens. Transnational legal ordering affects the boundary of the state and the market, the allocation of power among national institutions, the role of professions and their expertise, and associational patterns that provide new normative frames. This book breaks new ground for understanding the impacts of transnational legal ordering within nation-states in today's globalized world. The book addresses the different dimensions of state change at stake and the factors that determine these impacts. It brings together leading scholars from sociology and law who study the effects of transnational legal ordering within different countries. Their case studies illustrate how transnational legal ordering interacts with national law and institutions in different regulatory areas, and cover anti-money laundering, bankruptcy, competition, education, intellectual property, health, and municipal water law and policy in different countries. The book explains the extent and limits of transnational legal ordering in today's world.
• Groundbreaking combination of conceptual work on transnational legal ordering and sustained field work involving different countries and regulatory domains • Socio-legal study that brings together the empirical projects of six leading scholars of law and society studies • Book is empirical, combining fieldwork, participant observation and (in one chapter) quantitative work
1. Transnational legal ordering and state change Gregory Shaffer; 2. The dimensions and determinants of state change Gregory Shaffer; 3. Similar in their differences: transnational legal processes addressing money laundering in Brazil and Argentina Maira Machado; 4. Architects of the state: international organizations and the reconstruction of states in East Asia Terrence Halliday; 5. Neoliberalism, transnational education norms, and education spending in the developing world, 1983–2004 Minzee Kim and Elizabeth Boyle; 6. Access to medicines and the transformation of the South African state Heinz Klug; 7. The limits of transnational transformations of the state: comparative regulatory regimes in water services delivery Bronwen Morgan; 8. Conclusion: the study of transnational legal ordering Gregory Shaffer.
'This path-breaking collection, excellently edited by Gregory Shaffer, includes theoretically sophisticated chapters by top scholars examining a variety of processes of transnational legal ordering affecting developing countries. Drawing on rich empirical materials, the authors show us how the different results of such interventions arise from a complex but understandable process involving local, national and international institutions.' David Nelken, Distinguished Research Professor of Law, Cardiff Law School
'A masterful group of scholars diagnose the ways legal ordering has become transnational. They reveal across a wide sweep of domains how we cannot understand domestic law without considering the construction, flow and recursivity of transnational norms and institutions. This intervention was born of a sustained dialogue among a community of scholars that will transform law and society research.' John Braithwaite, Distinguished Professor, Australian National University
'This work provides a rigorous approach to a phenomenon that is often asserted but rarely analyzed: the reshaping of the state's relation to its citizens through the transnational circulation of legal norms. A collaboration among an outstanding group of scholars with strong interdisciplinary credentials, Transnational Legal Ordering and State Change blends conceptual boldness with precise and careful study of specialized regulatory fields, ranging widely from intellectual property to education to utilities regulation.' Robert Howse, Lloyd C. Nelson Professor of International Law, New York University School of Law
'Through its rigorous conceptual framework and comprehensive case studies, this book should inspire scholars to conduct even further microanalyses of state change. It highlights the emerging need to study how transnational legal norms hybridize and cross-pollinate and how transnational legal orders reshape legal cultures and legal consciousness on the local level. In short, this major contribution is essential reading for both policymakers and scholars seeking to understand the operation and effectiveness of transnational law.' Galit A. Sarfaty, American Journal of International Law