Superlegality, global law and the transnational corruption combat
The present research aims to study the problem of transnational corruption combat and global normative flows, based on Carl Schmitt’s theory of superlegality. Although Carl Schmitt has not faced the issue of transnationality, transnational actors and corruption, his thoughts about the world legal re...
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| Format: | Article |
| Language: | English |
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2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6786081 |
| Source: | Revista Brasileira de Direito, ISSN 2238-0604, Vol. 14, Nº. 1, 2018 (Ejemplar dedicado a: Revista Brasileira de Direito. Jan.-Abr./2018), pags. 111-130 |
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| Summary: |
The present research aims to study the problem of transnational corruption combat and global normative flows, based on Carl Schmitt’s theory of superlegality. Although Carl Schmitt has not faced the issue of transnationality, transnational actors and corruption, his thoughts about the world legal revolution and superlegacy provides a qualified space for mirroring the issue of transnationalism and the fight against corruption. In order to do so, the text begins with the approach to the theory of superlegality, then it goes through the study of the fight against corruption from the logic of transnationalism and Global Law, in order to conclude that the means of prevention and repression of corruption acts can be qualified as superlegitimate files that condition the legitimacy and legality of the Law, be it national or global. The inductive method was used for the development of the present research operationalized by the concepts of operational concepts and bibliographical research. |
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