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Law without Nations$
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Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey

Print publication date: 2010

Print ISBN-13: 9780804771696

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804771696.001.0001

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PRINTED FROM STANFORD SCHOLARSHIP ONLINE (www.stanford.universitypressscholarship.com). (c) Copyright Stanford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in SSO for personal use.date: 30 May 2020

Beyond “Beyond the State”: Rethinking Law and Globalization

Beyond “Beyond the State”: Rethinking Law and Globalization

(p.22) Beyond “Beyond the State”: Rethinking Law and Globalization
Law without Nations

Jeremy Elkins

Stanford University Press

This chapter considers the legal relationship between the nation-state and a globalized world in two areas classically associated with the core performance of sovereign prerogatives: the punishment of crime and the waging of war. It uses the Pinochet affair to illustrate the projection of a paradigmatically internal legal power—the mounting of a criminal prosecution—across national borders into the world of foreign affairs. It also considers the Bush administration's “war on terror”, which represents the introversion of a classically external sovereign act—the waging of war—into domestic practice.

Keywords:   nation-state, crime, punishment, criminal prosecution, Bush administration, war on terror

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