TY - JOUR
T1 - Swaying the hand of justice
T2 - The internal and external dynamics of regime change at the international criminal tribunal for the former Yugoslavia
AU - Hagan, John
AU - Levi, Ron
AU - Ferrales, Gabrielle
PY - 2006/9/1
Y1 - 2006/9/1
N2 - This article develops a conflict approach for studying the field of international criminal law. Focusing on the International Criminal Tribunal for the Former Yugoslavia, we draw on Burawoy's (2003) elaboration of reflexive ethnography to determine how external political changes affect the work of an international legal institution. We explore how political frameworks of legal liberalism, ad hoc legatism, and legal exceptionatism result in internal office, organisational, and normative changes within this Tribunal, thereby linking national political transformations with the construction of the global. Drawing on rolling field interviews and a two-wave panel survey, we conclude that the claims to universals that underwrite transnational legal fields cannot be understood solely through an analysis of external political forces, but must be combined with attention to how these are refracted through internal organisational change within international institutions.
AB - This article develops a conflict approach for studying the field of international criminal law. Focusing on the International Criminal Tribunal for the Former Yugoslavia, we draw on Burawoy's (2003) elaboration of reflexive ethnography to determine how external political changes affect the work of an international legal institution. We explore how political frameworks of legal liberalism, ad hoc legatism, and legal exceptionatism result in internal office, organisational, and normative changes within this Tribunal, thereby linking national political transformations with the construction of the global. Drawing on rolling field interviews and a two-wave panel survey, we conclude that the claims to universals that underwrite transnational legal fields cannot be understood solely through an analysis of external political forces, but must be combined with attention to how these are refracted through internal organisational change within international institutions.
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U2 - 10.1111/j.1747-4469.2006.00023.x
DO - 10.1111/j.1747-4469.2006.00023.x
M3 - Review article
AN - SCOPUS:33747885760
SN - 0897-6546
VL - 31
SP - 585
EP - 616
JO - Law and Social Inquiry
JF - Law and Social Inquiry
IS - 3
ER -