Download this Paper Open PDF in Browser

Non-Analytical Obstacles to Stateless Law

(43) North Carolina Journal of International Law (2017)

King's College London Law School Research Paper No. 2017-40

21 Pages Posted: 10 Oct 2017 Last revised: 11 Oct 2017

Thomas Schultz

King's College London – The Dickson Poon School of Law; Graduate Institute of International and Development Studies

Date Written: October 10, 2017

Abstract

This article reviews legal scholars’ key prudential and moral reasons to oppose the view that law can exist without the state. After a discussion of the real-world impact of views on what counts as law, the article discusses the following grounds for resistance to stateless law: law as something necessarily produced by states scores quite high on criteria to determine how good a theory is; paradigms intrinsically resist change; certain forgotten prudential political rules are wrongly remembered as analytical precepts; there is sheer political resistance to the emancipation of powers outside the state; attempts are made by those who shape our understanding of law to please their constituencies; the pursuit by academics of a legal practice interferes with rigorous legal thinking; there are important vested interests in the current state-centred system; and a sense of anti-intellectualism dominates certain areas of the legal academy.

Keywords: law without the state, paradigms, pursuits in the definition of law

JEL Classification: k33

Suggested Citation

Schultz, Thomas, Non-Analytical Obstacles to Stateless Law (October 10, 2017). (43) North Carolina Journal of International Law (2017); King's College London Law School Research Paper No. 2017-40. Available at SSRN: https://ssrn.com/abstract=3050322

Thomas Schultz (Contact Author)

King's College London – The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

Graduate Institute of International and Development Studies ( email )

Geneva
Switzerland

Paper statistics

Downloads
54
Rank
324,714
Abstract Views
134