Dealing in virtue : international commercial arbitration and the construction of a transnational legal order
著者
書誌事項
Dealing in virtue : international commercial arbitration and the construction of a transnational legal order
(Language and legal discourse)
The University of Chicago Press, 1996
- : cloth
- : pbk
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注記
Includes bibliographical references and index
内容説明・目次
内容説明
In recent years, international business disputes have been resolved through private arbitration. Yves Dezalay and Bryant G. Garth seek to show in this text how an elite, transnational legal profession has emerged to construct an autonomous legal field that now plays a central role in the global marketplace. Building on the structural approach of Bourdieu, they show how an informal, settlement-oriented system became formalized, litigious, and expensive. An integral aspect of this new legal field is the intense competition among arbitrators to gain reputations for virtue in order to be selected for adjudication panels. Examples from England, the United States, Sweden, Egypt, and Hong Kong are used throughout the volume.
目次
Foreword by Pierre Bourdieu Acknowledgments Pt. 1: Dealing in Virtue 1: Exploring and Representing the World of International Commercial Arbitration 2: Becoming an Arbitrator: Building and Exchanging National and International Symbolic Capital Pt. 2: Constructing Transnational Private Justice and Legalizing Business Conflicts 3: Merchants of Law as Moral Entrepreneurs: Constructing International Justice out of the Competition for Transnational Business Disputes 4: Setting the Legal Scene for North-South Conflicts and the Collective Construction of the Universality of Law 5: U.S. Litigators, Continental Academics, Petrodollar Construction Projects, and the Lex Mercatoria: A Case Study Pt. 3: Internationalization and the Transformation of the Landscape for Handling Business Conflicts 6: Between the Worlds of Law and Business: The Contradictions of Business Justice and Its Permanent Reconstruction through Dispute Resolution Mechanisms 7: England: The Contradictions and Limits of an International and Reformist Strategy 8: In and Out of the Multidoor Courthouse: Internationalization and the Transformation of the Landscape of Business Disputing in the United States 9: Vintage Arbitration in Stockholm 10: Social Capital and Legal Capital: Competition and Complementarity in the Market for Business Justice 11: International Legal Practice as Ghetto or Beachhead: Cairo and the Problems of North and South 12: Law and the Frontier: Hong Kong and Transitions from One Imperialism to Another 13: How to Construct Neutrality and Autonomy on the Basis of a Strategy of Double Agent 14: Reintroducing Politics and States in the Market of International Business Disputing Bibliography Index
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