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Alternatives to “Legalization”: Richer Views of Law and Politics

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  • Finnemore, Martha
  • Toope, Stephen J.

Abstract

The authors of “Legalization and World Politics” (International Organization, 54, 3, summer 2000) define “legalization” as the degree of obligation, precision, and delegation that international institutions possess. We argue that this definition is unnecessarily narrow. Law is a broad social phenomenon that is deeply embedded in the practices, beliefs, and traditions of societies. Understanding its role in politics requires attention to the legitimacy of law, to custom and law's congruence with social practice, to the role of legal rationality, and to adherence to legal processes, including participation in law's construction. We examine three applications of “legalization” offered in the volume and show how a fuller consideration of law's role in politics can produce concepts that are more robust intellectually and more helpful to empirical research.

Suggested Citation

  • Finnemore, Martha & Toope, Stephen J., 2001. "Alternatives to “Legalization”: Richer Views of Law and Politics," International Organization, Cambridge University Press, vol. 55(3), pages 743-758, July.
    • Handle: RePEc:cup:intorg:v:55:y:2001:i:03:p:743-758_44
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    1. repec:bla:jcmkts:v:46:y:2008:i::p:195-218 is not listed on IDEAS
    2. Swantje Renfordt, 2010. "How International Law Standards Pervade Discourse on the Use of Armed Force - Insights into European and US Newspaper Debates between 1990 and 2005," KFG Working Papers p0013, Free University Berlin.
    3. Sara Kahn-Nisser, 2013. "Conditionality, Communication and Compliance: The Effect of Monitoring on Collective Labour Rights in Candidate Countries," Journal of Common Market Studies, Wiley Blackwell, vol. 51(6), pages 1040-1056, November.
    4. Wiener, Antje, 2007. "Making normative meaning accountable in international politics," Discussion Papers, Research Unit: Global Governance SP IV 2007-305, WZB Berlin Social Science Center.
    5. Gerstetter, Christiane & Maier, Matthias Leonhard, 2005. "Risk regulation, trade and international law: debating the precautionary principle in and around the WTO," TranState Working Papers 18, University of Bremen, Collaborative Research Center 597: Transformations of the State.
    6. Hartlapp, Miriam, 2005. "Two Variations on a Theme: Different Logics of Implementation Management in the EU and the ILO," European Integration online Papers (EIoP), European Community Studies Association Austria (ECSA-A), vol. 9, June.
    7. Patrick Müller & Peter Slominski, 2017. "The Role of Law in EU Foreign Policy-making: Legal Integrity, Legal Spillover, and the EU Policy of Differentiation towards Israel," Journal of Common Market Studies, Wiley Blackwell, vol. 55(4), pages 871-888, July.
    8. Citi, Manuele & Rhodes, Martin, 2007. "New Modes of Governance in the EU: Common Objectives versus National Preferences," European Governance Papers (EUROGOV) 1, CONNEX and EUROGOV networks.
    9. Fikri Muhammad, 2022. "Environmental agreement under the non-interference principle: the case of ASEAN agreement on transboundary haze pollution," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 22(1), pages 139-155, March.
    10. Hamanaka, Shintaro, 2017. "Legalization of international economic relations: is Asia unique?," IDE Discussion Papers 681, Institute of Developing Economies, Japan External Trade Organization(JETRO).
    11. Asif Efrat & Abraham L. Newman, 2020. "Intolerant justice: ethnocentrism and transnational-litigation frameworks," The Review of International Organizations, Springer, vol. 15(1), pages 271-299, January.
    12. Lauren L. Ferry & Emilie M. Hafner-Burton & Christina J. Schneider, 2020. "Catch me if you care: International development organizations and national corruption," The Review of International Organizations, Springer, vol. 15(4), pages 767-792, October.
    13. Jon Skjærseth, 2010. "Exploring the consequences of soft law and hard law: implementing international nutrient commitments in Norwegian agriculture," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 10(1), pages 1-14, March.
    14. Sylvia I. Karlsson‐Vinkhuyzen & Antto Vihma, 2009. "Comparing the legitimacy and effectiveness of global hard and soft law: An analytical framework," Regulation & Governance, John Wiley & Sons, vol. 3(4), pages 400-420, December.

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