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Mikkel Jarle Christensen

The article investigates the role of scholarly expertise in and around the international criminal courts. Building on the sociology of Pierre Bourdieu, the article analyses the influence of different forms of scholarship by situating them in the wider ‘field’ of international criminal law. Structured by opposing poles of social worth organized around different perceptions of what is considered valuable knowledge, scholarship on international criminal law took competing forms. A dominant form of scholarship is oriented towards societal impact and caters to legal practice, while more critical perspectives adhere to norms of disinterest and autonomy embedded in academia. Formatted by the larger field of practice in which they exist and by their relative proximity to the opposing poles of societal and academic power and prestige, these perspectives structure the professional rules that govern the field and thus affect the development of its law by defining what is perceived as relevant knowledge.

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Mikkel Jarle Christensen

Abstract

This article analyses elements of the social structure of transnational criminal justice. The main goal of the analysis is to investigate if the terminology crafted around transnational criminal law as a distinct legal system corresponds to the social structuration of this space as it can be observed in the justice practices that drive it. To enable such an analysis, the article contributes both a theoretical discussion of how best to conceptualise the social spaces of transnational criminal justice as well as, more cautiously, an empirical investigation into the workings of these spaces, focusing the fight against drugs, terrorism, corruption and ecological crimes. Building conceptually on Pierre Bourdieu’s field theory, the analytical focal point of the article is the practices of transnational criminal justice and the professionals who are active in this space. This raises crucial questions of how the social practices of transnational criminal justice structures usages and developments of the law. Based on the identification and analysis of four separate but interrelated spaces of practice, the article argues that our theoretical understanding of transnational criminal justice and law needs to be recalibrated to take into account the different ways in which it is mobilised to create either security or good governance.

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Mikkel Jarle Christensen

Abstract

This article analyses elements of the social structure of transnational criminal justice. The main goal of the analysis is to investigate if the terminology crafted around transnational criminal law as a distinct legal system corresponds to the social structuration of this space as it can be observed in the justice practices that drive it. To enable such an analysis, the article contributes both a theoretical discussion of how best to conceptualise the social spaces of transnational criminal justice as well as, more cautiously, an empirical investigation into the workings of these spaces, focusing the fight against drugs, terrorism, corruption and ecological crimes. Building conceptually on Pierre Bourdieu’s field theory, the analytical focal point of the article is the practices of transnational criminal justice and the professionals who are active in this space. This raises crucial questions of how the social practices of transnational criminal justice structures usages and developments of the law. Based on the identification and analysis of four separate but interrelated spaces of practice, the article argues that our theoretical understanding of transnational criminal justice and law needs to be recalibrated to take into account the different ways in which it is mobilised to create either security or good governance.

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Mikkel Jarle Christensen

Abstract

This article analyses elements of the social structure of transnational criminal justice. The main goal of the analysis is to investigate if the terminology crafted around transnational criminal law as a distinct legal system corresponds to the social structuration of this space as it can be observed in the justice practices that drive it. To enable such an analysis, the article contributes both a theoretical discussion of how best to conceptualise the social spaces of transnational criminal justice as well as, more cautiously, an empirical investigation into the workings of these spaces, focusing the fight against drugs, terrorism, corruption and ecological crimes. Building conceptually on Pierre Bourdieu’s field theory, the analytical focal point of the article is the practices of transnational criminal justice and the professionals who are active in this space. This raises crucial questions of how the social practices of transnational criminal justice structures usages and developments of the law. Based on the identification and analysis of four separate but interrelated spaces of practice, the article argues that our theoretical understanding of transnational criminal justice and law needs to be recalibrated to take into account the different ways in which it is mobilised to create either security or good governance.

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Mikkel Jarle Christensen and Neil Boister

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Mikkel Jarle Christensen and Neil Boister

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Edited by Mikkel Jarle Christensen and Neil Boister

National criminal justice systems are slowly integrating in an effort to combat cross border criminality. New Perspectives on the Structure of Transnational Criminal Justice provides a forum for critical perspectives on this evolving system, with the goal of testing and challenging conceptions of transnational criminal law. Collectively, the papers in this special issue investigate the main symbolic and material characteristics of this space of justice, how it is organized and what dynamics shape its functionality and impact.
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Mikkel Jarle Christensen and Neil Boister

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Mikkel Jarle Christensen and Astrid Kjeldgaard-Pedersen

Mixing insights from critical sociology and legal scholarship, this article analyses the diverging professional interests at play in the Extraordinary Chambers in the Courts of Cambodia (eccc) and examines how they affect the Chambers’ application of the law. The article shows that judicial interpretation in the eccc is influenced by two non-legal factors. One is the overall shared interest of the competing groups of professionals occupying the Chambers that the Khmer Rouge leaders are tried before an internationalised rather than purely a domestic court. The other is the profound power battle between the international and the national constituents of the eccc. In a broader context, the findings of the article point to a fundamental divide between an international market of criminal lawyers promoting a very specific idea of international criminal justice and the local context this market purports to cater to.