| Negotiating State and Non-State Law Contributor(s): Helfand, Michael A. (Editor) |
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ISBN: 1107083761 ISBN-13: 9781107083769 Publisher: Cambridge University Press OUR PRICE: $133.00 Product Type: Hardcover - Other Formats Published: July 2015 |
| Additional Information |
| BISAC Categories: - Law | International - Law | Conflict Of Laws |
| Dewey: 341 |
| LCCN: 2014037993 |
| Series: ASIL Studies in International Legal Theory |
| Physical Information: 0.81" H x 6" W x 9" (1.44 lbs) 362 pages |
| Descriptions, Reviews, Etc. |
| Publisher Description: Trends in legal philosophy, international law, transnational law, law and religion, and political science all point toward the increasing role played by non-state law in both public and private ordering. Numerous organizations, institutions, associations, and groups 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, so to speak, between two broad and contrasting categories of non-state law. The first category - law above the state - captures a wide range of legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes various forms of local customary, religious, and indigenous law. Indeed, 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 between the nation-state and these various forms of non-state law, 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. |