Negotiating State and Non-State Law

The Challenge of Global and Local Legal Pluralism

Michael A. Helfand

• Publisher: Cambridge University Press
• Year: 2015
• Print ISBN: 9781107083769
• eBook ISBN: 9781316028612
• Topic: Law
• Subtopic: International Law
• Index: Law

Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law. As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.

Table of contents

• Cover
• Half title
• Seriespage
• Title
• Copyright
• Contents
• List of Contributors
• Introduction
• Part I. Negotiating State and Non-State Law: The Legal Pluralist Project
• Part II. Negotiating State Law and International/Transnational Law
• Part III. Negotiating State Law and Religious/Indigenous Law
• Index