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Discursive mismatch and globalization by stealth: The fight against corruption in the Brazilian legal field.

Authors :
Cornelius, Eduardo
Source :
Law & Society Review. Sep2023, Vol. 57 Issue 3, p340-363. 24p. 1 Diagram, 2 Charts.
Publication Year :
2023

Abstract

Law and globalization studies have documented how Global South lawyers compete over the adaptation of international norms. Yet, little is known about how this adaptation legitimates worldviews beyond the law. To advance this literature, this paper proposes a discourse‐centered field analysis of the legal globalization of anti‐corruption ideas in Brazil. It examines Brazilian lawyers' disputes over a 2016 anti‐corruption bill. The bill supporters mobilize global anti‐corruption discourses that are exogenous to the legal field to defend harsher criminal law. Their critics counter the reform by mobilizing endogenous legal ideas against criminal law expansion. In so doing, they do not challenge reformers' ideas about corruption. I show how this discursive mismatch leads to a form of globalization by stealth, whereby local dynamics allow global ideas to remain unchallenged in local fields. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
00239216
Volume :
57
Issue :
3
Database :
Academic Search Index
Journal :
Law & Society Review
Publication Type :
Academic Journal
Accession number :
172301893
Full Text :
https://doi.org/10.1111/lasr.12664