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date: 24 January 2020

Abstract and Keywords

This chapter begins by discussing the origin and history of theorizing on transnational legal processes. It then presents some leading theories, grouped according to the underlying perspective of the theorists: the lawyers and legal theorists, the political science and international relations theorists, and the sociologists and socio-legal theorists. It also highlights competing methodologies and key themes, including the internationalization of the rule of law and its discontents, and the intended and unintended consequences of the transplantation of institutional models from one realm to another. It is argued that the nascent field of transnational legal theory suffers from a lack of conceptual clarity that stems, in part, from its attempts to cover disparate phenomena that pull in different directions.

Keywords: transnational legal theory, rule of law, internationalization

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