Yale Law School Yale Law School Legal Scholarship Repository Faculty Scholarship Series Yale Law School Faculty Scholarship 1-1-2011 Outcasting: Enforcement in Domestic and International Law Oona A. Hathaway Scot J. Shapiro Follow this and additional works at: htp://digitalcommons.law.yale.edu/fss_papers Part of the Law Commons Recommended Citation Hathaway, Oona A. and Shapiro, Scot J., "Outcasting: Enforcement in Domestic and International Law" (2011). Faculty Scholarship Series. Paper 3850. htp://digitalcommons.law.yale.edu/fss_papers/3850 Tis Article is brought to you for free and open access by the Yale Law School Faculty Scholarship at Yale Law School Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship Series by an authorized administrator of Yale Law School Legal Scholarship Repository. For more information, please contact
[email protected]. HATHAWAY_SHAPIRO.DOC 10/31/2011 5:40:21 PM Oona Hathaway & Scott J. Shapiro Outcasting: Enforcement in Domestic and International Law abstractT . T This Article offers a new way to understand the enforcement of domestic and international law that we call “outcasting.” Unlike the distinctive method that modern states use to enforce their law, outcasting is nonviolent: it does not rely on bureaucratic organizations, such as police or militia, that employ physical force to maintain order. Instead, outcasting involves denying the disobedient the benefits of social cooperation and membership. Law enforcement through outcasting in domestic law can be found throughout history—from medieval Iceland and classic canon law to modern-day public law. And it is ubiquitous in modern international law, from the World Trade Organization to the Universal Postal Union to the Montreal Protocol.