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

Published New York, NY, USA: Cambridge University Press, 2015.


Location Call No. Status
Physical description x, 351 pages ; 24 cm.
Series American Society of International Law (ASIL) studies in international legal theory.
ASIL studies in international legal theory.
Bibliography Includes bibliographical references and index.
Contents Part I. Negotiating State and Non-State Law: The Legal Pluralist Project -- Non-state lawmaking through the lens of global legal pluralism / Paul Schiff Berman -- What is law beyond the state? An introduction / Ralf Michaels -- International law and sociolegal scholarship: toward a spatial global legal pluralism / Sally E. Merry -- Part II. Negotiating State Law and International/Transnational Law -- 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 -- Administrative state goes global / Oren Perez and Daphne Barak-Erez -- International precedent and the practice of international law / Harlan Cohen -- Part III. Negotiating State Law and Religious/Indigenous Law -- Religion, family law, and competing norms / Joel A. Nichols -- 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 -- Persistence of sovereignty and the rise of the legal subject / Michael A. Helfand.
Summary "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." -- Page 4 of cover.
Other author Helfand, Michael A., 1979- editor.
Subject Legal polycentricity.
Customary law.
Religious law and legislation.
Law and globalization.
ISBN 9781107083769