Globalization has spread with technology and increased streams of communication, and it has become irrefutable that it has influenced law, an area traditionally defined by national territory. Law is not becoming international, but transnational. This process, however, is inseparable from national cultures, as law results from, and is in a dynamic with, a nation’s society, history, political system, and the lived experiences of the communities that form it.
The Lipietz case involved a crime against humanity, the transport to internment camps by the French government and railway of people targeted by the 1940s Statute of Jews, a first step toward what was intended to be their deportation to extermination camps. The case took place half a century later by means of a legal procedure borrowed from the U.S. common law system. The outcry surrounding the case in France is suggestive both of the processes of transnationalization and the challenges of decoding that transnationalization carries in its wake.
Please note this talk will be in French.