Negotiating State and Non-State Law

Erscheinungsjahr 2015
ISBN: 978-1-107-08376-9
Verlag: Cambridge University Press

Buch, Englisch, 336 Seiten, Format (B × H): 157 mm x 235 mm, Gewicht: 675 g

Reihe: ASIL Studies in International Legal Theory

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.

Autoren/Hrsg.

Helfand, Michael A.

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein

Inhaltsverzeichnis

Part I. Negotiating State and Non-State Law: The Legal Pluralist Project: 1. Non-state lawmaking through the lens of global legal pluralism Paul Schiff Berman; 2. What is law beyond the state? An introduction Ralf Michaels; 3. International law and sociolegal scholarship: toward a spatial global legal pluralism Sally E. Merry; Part II. Negotiating State Law and International/Transnational Law: 4. The constitutional itch: transnational private regulatory governance and the woes of legitimacy Peer Zumbansen; 5. International human rights law as a catalyst for the recognition and evolution of non-state law Helen Quane; 6. The administrative state goes global Oren Perez and Daphne Barak-Erez; 7. International precedent and the practice of international law Harlan Cohen; Part III. Negotiating State Law and Religious/Indigenous Law: 8. Religion, family law, and competing norms Joel A. Nichols; 9. 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; 10. Is there such a thing as non-state law? Lessons from Kiryas Joel Nomi Maya Stolzenberg; 11. The persistence of sovereignty and the rise of the legal subject Michael A. Helfand.

Über Autor(innen)

Helfand, Michael A.
Michael A. Helfand is an associate professor at the Pepperdine University School of Law as well as the associate director of the Diane and Guilford Glazer Institute for Jewish Studies. Helfand is an expert on religious law and religious liberty, focusing on how US law treats religious law, custom, and practice. A frequent author and lecturer, he has published in numerous law journals, including the Yale Law Journal, the New York University Law Review, and the Duke Law Journal, as well as in various public audience publications, including the Los Angeles Times and the National Law Journal. He received his JD from Yale Law School in 2007 and his PhD from Yale University in 2009.