Performance, Power, and Transnational Legal Ordering

Levi, Ron; Sendroiu, Ioana

doi:10.1017/9781108873994.011

Transnational Legal Ordering of Criminal Justice 2020

DOI: 10.1017/9781108873994.011

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Performance, Power, and Transnational Legal Ordering

Ron Levi¹,

Ioana Sendroiu²

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2023

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Cited by 2 publications

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World Society Corridors: Partnership Patterns in the Spread of Human Rights

Sendroiu

Levi

2023

Social Forces

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Considerable sociological work shows that the human rights regime is rapidly expanding through isomorphic processes. We provide new insight into human rights diffusion through an analysis of the Universal Periodic Review (UPR), a global forum in which all states receive human rights recommendations from their peers. We convert the roughly 50,000 recommendations from the first two cycles of the UPR into a relational dataset of states making and receiving recommendations, inductively modeling this process of human rights diffusion through latent class regression. Building on research in the new institutionalism, we find that asymmetric relationships between states make it less likely for human rights recommendations to be accepted, with accepted recommendations tending to be more general and easier to implement. We argue that these partnership patterns provide evidence for normative corridors that give world society its shape. By drawing together world society approaches with relational sociology, we develop new insights into the structuration of human rights and normative change more broadly.

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World Society Corridors: Partnership Patterns in the Spread of Human Rights

Sendroiu

Levi

2023

Social Forces

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State Nobility in the Field of International Criminal Justice: Divergent Elites and the Contest to Control Power over Capital

Christensen

2023

Social Forces

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Criminal law was long considered as the sovereign domain of the state. However, after the end of the Cold War, states created new international criminal courts. These courts are part of a wider field of international criminal justice in which different elites work to develop, support, and critique legal ideas and practices that either complement or challenge the state. Inspired by Pierre Bourdieu’s sociology and based on a multiple correspondence analysis with sixty-four modalities, this article contributes a critical analysis of 365 elite agents active in this field. The analysis shows how different types and volumes of capital structure relations between these elites as well as between the field of international criminal justice and the state. Because these relations can turn state nobility against its national origins, international criminal justice poses a potential challenge to the state’s social fabric which goes beyond legal and political controversies: International criminal justice is emblematic of a competition over the value of and control over capital which plays out at the borders between the national and the international. This contest underlines that the state does necessarily control power over state capital and that, when its elites no longer reproduce its meta-capital, the state loses the semblance of being a unified actor on the world stage. Whereas the intensity of this contest over capital might be particular to the field of international criminal justice, similar battles of control are likely to affect the relations between the state and other globalized fields of law, justice, and politics.

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Performance, Power, and Transnational Legal Ordering

Cited by 2 publications

References 54 publications

World Society Corridors: Partnership Patterns in the Spread of Human Rights

World Society Corridors: Partnership Patterns in the Spread of Human Rights

State Nobility in the Field of International Criminal Justice: Divergent Elites and the Contest to Control Power over Capital

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