'''Transnationalism''' challenges the traditional [[American]] understanding that “international and domestic law are distinct, that the [[United States]] determines for itself through its political branches when and to what extent [[International law]] is incorporated into its legal system, and the status of international law in the domestic system is determined by domestic law. <ref>[http://www.amazon.com/Torture-Tort-Comparative-Perspectives-Transnational/dp/1841130605] Craig Scott; "Torture as Tort: Comparative Perspectives on the Development of Transnational Tort Litigation" <br /> quoting Prof. Curtis A. Bradley</ref> Transnationalists aim in particular to use American courts to import international law to override the policies adopted through the processes of Representative Government, in favor of [[liberal]], [[Socialist]] [[European]] world-view [[Multiculturalism]].
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Traditionally, American jurists have taken the nationalist jurisprudence view that 'foreign legal precedents' are an impermissible imposition on the exercise of American sovereignty. <ref>[http://bench.nationalreview.com/post/?q=MDUwOTU3YzUyOWNjM2VhMDI4OGRlOTM1NTVlYjA2M2U= Ed Whelan; Harold Koh’s Transnationalism — What “Transnationalism” Is]</ref>