Introduction to Negotiating State and Non-State Law: The Challenge of Global and Local Legal Pluralism

Negotiating State and Non-State Law: The Challenge of Global and Local Legal Pluralism, Michael A. Helfand, ed., Cambridge University Press, 2015

Pepperdine University Legal Studies Research Paper No. 2015/11

20 Pages Posted: 27 Jun 2015 Last revised: 10 Dec 2015

See all articles by Michael A. Helfand

Michael A. Helfand

Pepperdine University - Rick J. Caruso School of Law

Date Written: 2015

Abstract

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.

Keywords: legal pluralism, non-state law, transnational law, international law, religious law, indigenous law

Suggested Citation

Helfand, Michael A., Introduction to Negotiating State and Non-State Law: The Challenge of Global and Local Legal Pluralism (2015). Negotiating State and Non-State Law: The Challenge of Global and Local Legal Pluralism, Michael A. Helfand, ed., Cambridge University Press, 2015, Pepperdine University Legal Studies Research Paper No. 2015/11, Available at SSRN: https://ssrn.com/abstract=2622737

Michael A. Helfand (Contact Author)

Pepperdine University - Rick J. Caruso School of Law ( email )

24255 Pacific Coast Highway
Malibu, CA 90263
United States

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