Abstract
The interactions among national and international courts are expanding pari passu with the expansion of the powers of the judiciary throughout the world-system and the proliferation of the number of international and supranational courts. Taking in consideration that transjudicial interactions configure a complex sociological phenomenon, this study intends to focus on its ethical, political and epistemological aspects. One goal of research is to sustain the intimate relationship between ideas and universal values of Western society, historical capitalism and the (ironic) language of international law, and that such a relationship is in the core foundation of the transjudicialism, defending the paradigm of complexity as the more appropriate theoretical model to analyze the phenomenon. The essay adopts fundamentally a theoretical analysis, which has as its background a critique of the communitarian perspective underlying the transjudicialism, though not rare incursions through judicial precedents will be also made.
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