Full Description
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.
Contents
Part I. Negotiating State and Non-State Law: The Legal Pluralist Project: 1. Non-state lawmaking through the lens of global legal pluralism Paul Schiff Berman; 2. What is law beyond the state? An introduction Ralf Michaels; 3. International law and sociolegal scholarship: toward a spatial global legal pluralism Sally E. Merry; Part II. Negotiating State Law and International/Transnational Law: 4. The constitutional itch: transnational private regulatory governance and the woes of legitimacy Peer Zumbansen; 5. International human rights law as a catalyst for the recognition and evolution of non-state law Helen Quane; 6. The administrative state goes global Oren Perez and Daphne Barak-Erez; 7. International precedent and the practice of international law Harlan Cohen; Part III. Negotiating State Law and Religious/Indigenous Law: 8. Religion, family law, and competing norms Joel A. Nichols; 9. The resolution of disputes in state and tribal law in the south of Iraq: toward a cooperative model of pluralism Haider Ala Hamoudi, Wasfi H. Al-Sharaa and Aqeel Al-Dahhan; 10. Is there such a thing as non-state law? Lessons from Kiryas Joel Nomi Maya Stolzenberg; 11. The persistence of sovereignty and the rise of the legal subject Michael A. Helfand.
