המשפט הפלילי הישראלי בעידן של משטרי הפללה גלובליים

Translated title of the contribution: Israeli Criminal Law and the Globalization of Criminal Law making

Research output: Contribution to journalArticlepeer-review

Abstract

It is often assumed that the development of domestic criminal law is shaped predominantly by social and political processes that are contained within the territorial boundaries of individual countries. This assumption underpins influential normative theories that assess the legitimacy of criminal law in terms of its ability to express and enforce the common moral attitudes of members of national political communities. Building on evidence regarding the implementation of global scripts of criminalization in Israeli law, this article considers how current processes of globalization challenge these methodologically nationalist visions of criminal lawmaking. It maps the diverse strategies employed by powerful countries and international organizations to institutionalize global scripts of criminal legislation,and considers how actors in Israeli civil society and the legal system have shaped the implementation of these scripts in domestic settings. The article argues that while the growing involvement of transnational actors in shaping the contours of domestic criminal lawmaking poses the risk of a democratic deficit, it also provide sopportunities for expanding the progressive horizons of domestic criminal justice policy making by raising awareness of the victimization of groups that are excluded from effective participation in the legislative process, reducing the risk of regulatory capture, and highlighting the adverse impact of local policies on foreign constituencies.
Translated title of the contributionIsraeli Criminal Law and the Globalization of Criminal Law making
Original languageHebrew
Pages (from-to)377-418
Number of pages42
Journalעיוני משפט
Volumeמה 1
StatePublished - 2022

IHP Publications

  • ihp
  • Criminal law
  • Globalization
  • Impact
  • International agencies
  • International law
  • Israel -- Foreign relations -- United States
  • Law -- Interpretation and construction
  • Law -- Israel
  • Law enforcement
  • Political science
  • Punishment
  • Self-incrimination
  • United States -- Foreign relations -- Israel
  • United States -- Politics and government

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