Negotiating State and Non-State Law

Negotiating State and Non-State Law

  • Michael A. Helfand
Publisher:Cambridge University PressISBN 13: 9781316033425ISBN 10: 1316033422

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Negotiating State and Non-State Law is written by Michael A. Helfand and published by Cambridge University Press. It's available with International Standard Book Number or ISBN identification 1316033422 (ISBN 10) and 9781316033425 (ISBN 13).

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.