Negotiating state and non-state law : the challenge of global and local legal pluralism / edited by Michael A. Helfand, Pepperdine University School of Law.

Format:

Book

Contributor:

Helfand, Michael A., 1979- editor.

Series:

ASIL studies in international legal theory

Language:

English

Subjects (All):

Legal polycentricity.

Customary law.

Religious law and legislation.

Physical Description:

1 online resource (x, 351 pages) : digital, PDF file(s).

Other Title:

Negotiating State & Non-State Law

Place of Publication:

Cambridge : Cambridge University Press, 2015.

System Details:

text file

PDF

Summary:

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:

Introduction / Michael A. Helfand

Non-state lawmaking through the lens of global legal pluralism / Paul Schiff Berman

What is non-state law? : a primer / Ralf Michaels

International law and sociollegal scholarship : toward a spatial global legal pluralism / Sally Engle Merry

The constitutional itch : transnational private regulatory governance and the woes of legitimacy / Peer Zumbansen

International human rights law as a catalyst for the recognition and evolution of non-state law / Helen Quane

The administrative state goes global / Daphne Barak-Erez and Oren Perez

International precedent and the practice of international law / Harlan Grant Cohen

Religion, family law and competing norms / Joel A. Nichols

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

Is there such a thing as non-state law? : lessons from Kiryas Joel / Nomi Maya Stolzenberg

The persistence of sovereignty and the rise of the legal subject / Michael A. Helfand.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9781316018132

Access Restriction:

Restricted for use by site license.