Course Description
We will explore the meaning of globalization for law. As the world transnationalizes, national law also is transnationalizing, often in ways that are difficult to perceive and understand. New fault lines and fragmentations are forming. We will examine the influences on national courts from increased transnational contacts, international forum shopping, and indirect and unofficial foreign legal influences. We will consider the impact on nation-states’ capacity for legal governance of transnational, self-regulating spheres of ever-increasing importance. We also will consider the debate as to whether, how, and to what extent global legal standards should be developed. In examining how national legal cultures are evolving, we will discuss the debate concerning the effect of the internationalization or transnationalization of law on those who have been called the outcasts of modernity.