Aaronson & Schaffer (2021) –Defining Crimes in a Global Age: Criminalization as a Transnational Legal Process.

Question 1

What does Aaronson & Shaffer (2021)
article suggest?

Main arguement?

Answer 1

They suggests that criminalisation is a “Transnational Legal Process”- Means that what a crime is, is not just defined by one nation, it is influenced by international norms & expectations.

Question 2

What does “Transnational legal process” mean?

Answer 2

It means that criminalisation is not just defined by one nation; it is influenced by international norms and expectations

Question 3

What examples/ cases do the writers use?

Answer 3

They use Human trafficking to show how international conventions (Palermo protocol) to show how crimnalisation is influenced on a transnational scale.

Question 4

What is the “Legal complex”

Basic definition?

Answer 4

The legal complex is the network of legal proffessionals that collectively influence & interpret the law

Question 5

What kind of individuals would be included in the “Legal complex”

Answer 5

Lawyers, judges, NGOs, International organisations Prosecutors etc

Question 6

What is the “Recursivity of law”?

Answer 6

The recursivity of law refers to the way that the law is able to constantly adapt and develop. Laws are not final/ fixed!

Question 7

What does “Processual dimension” refer to ?

Define & Context

Answer 7

Processual dimension refers is the approach presented by the writers. Approach analyses how various factors (e.g normalisation) shapes criminal law-making