Negotiating State and Non-State Law: The Challenge of Global and Local Legal Pluralism (f ASIL Studies in International Legal Theory)
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- Synopsis
- 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. Examines the relationship between state and non-state law, the extent to which they conflict, and to what extent can they work together Presents an in-depth exploration about the dynamics between the state and international/transnational law Shows how the dynamic between state and non-state law works between the state and religious/indigenous law
- Copyright:
- 2015
Book Details
- Book Quality:
- Publisher Quality
- Book Size:
- 362 Pages
- ISBN-13:
- 9781316028131
- Publisher:
- Cambridge University Press
- Date of Addition:
- 11/09/17
- Copyrighted By:
- Cambridge University Press
- Adult content:
- No
- Language:
- English
- Has Image Descriptions:
- No
- Categories:
- Law, Legal Issues and Ethics
- Submitted By:
- Bookshare Staff
- Usage Restrictions:
- This is a copyrighted book.