Lost in Translation? Nonstate Actors and the Transnational Movement of Procedural Law

Benjamin Brake and Peter J. Katzenstein

International Organization, 2013, vol. 67, issue 4, 725-757

Abstract: In recent years U.S. legal norms and practices reconfigured important elements of how law is thought of and practiced in both common and civil law countries around the world. With specific focus on the spread of American procedural practices (class action and pretrial discovery), this article applies a transactional view of law that emphasizes the private practice of law and nonstate actors. Such an approach highlights important aspects of world politics overlooked by traditional analyses of international legalization, conventionally understood as the direct spread of law by and among states. We find that the movement of law is a dynamic process involving diffusion, translation, and the repeated transnational exchanges of legal actors. Through our examination of this process, we offer insights into how aspects of American law moved into unlikely jurisdictions to reshape legal theory, pedagogy, procedure, and the organizing structure of the legal profession.

Date: 2013
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