Monthly Archives: November 2013

Aman on Lawyers, Social Science, and Globalization

What should social scientists know about lawyers’ views on globalization? In our previous post, Michele LaVigne argued that social scientists need to consult with lawyers more if they want their research to have any impact on fairness in indigent defense. Fred Aman was inspired to send in some advice to scholars interested in law and globalization.

Globalization: Legal Aspects

Law’s role in globalization is often misunderstood, mainly with respect to whether “the global” is its own distinct and unified field. To a large extent, this misunderstanding reflects the influence of neoliberalism, some versions of which treat globalization as a function of capitalism (thereby relegating it to the preserve of economics). Such a formulation leaves little room for law, except in relation to international law and such “global” institutions as the International Monetary Fund (IMF), the World Trade Organization (WTO), and other legal arrangements primarily associated with the liberalization of trade. From this standpoint, one might imagine that globalization is all about competition—a competition for markets and investments that is global in scale and increasingly intense as markets expand. Accordingly, one might not think that law has much to do with this phenomenon beyond stepping out of the way, except where law contributes to the creation of markets and to ensuring that they function efficiently.

But the reality of globalization challenges such formulations. Law has an important role to play, particularly in contexts in which economic activity generates human rights questions, such as child labor. We need to focus on law’s prominence in the creation, implementation and contestation of globalization. The contexts in which law is relevant reflect the great diversity of relationships, circumstances, and legal arrangements under which globalization develops….

Globalization is embedded in our institutions—domestic and international, public and private, by virtue of legal arrangements (legislation, agency regulations, contracts, etc.) that draw global “forces” into everyday life, and vice versa. It is not a unilinear process or geography “out there,” but a dynamic relation across multiple regimes of public and private ordering. Globalization is subject to a wide array of influences and control and yields pervasive social effects—some of them broadly homogenizing, some of them diversifying in highly specific ways Understanding the relationship of globalization to law requires analysis of the interactions of markets, rights and bodies of law at all levels of government, domestic and international, as well as diverse processes of governance that involve norm creation, enforcement and adjudication by state and non-state actors alike.

Continue reading