Negotiating state and non-state law : the challenge of global and local legal pluralism /
"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...
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Format: | Book |
Language: | English |
Published: |
New York, NY :
Cambridge University Press,
2015
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Series: | ASIL studies in international legal theory
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LEADER | 00000cam a2200000 i 4500 | ||
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001 | 891369551 | ||
003 | OCoLC | ||
005 | 20190429041528.0 | ||
008 | 140923s2015 nyu b 001 0 eng | ||
010 | |a 2014037993 | ||
020 | |a 9781107083769 | ||
020 | |a 1107083761 | ||
040 | |a DLC |b eng |e rda |c DLC |d BTCTA |d OCLCF |d YDXCP |d CLU |d CHVBK |d ILI |d CDX |d UKUOY |d OCLCQ |d YDX |d UKMGB | ||
042 | |a pcc | ||
049 | |a VLAM | ||
050 | 0 | 0 | |a K236 |b .N44 2015 |
245 | 0 | 0 | |a Negotiating state and non-state law : |b the challenge of global and local legal pluralism / |c edited by Michael A. Helfand, Pepperdine University School of Law |
260 | |a New York, NY : |b Cambridge University Press, |c 2015 | ||
300 | |a x, 351 pages ; |c 24 cm | ||
490 | 1 | |a ASIL studies in international legal theory | |
504 | |a Includes bibliographical references and index | ||
505 | 0 | |a Introduction / Michael A. Helfand -- Non-state lawmaking through the lens of global legal pluralism / Paul Schiff Berman -- What is non-state law? : a primer / Ralf Michaels -- International law and sociolegal scholarship : toward a spatial global legal pluralism / Sally Engle Merry -- The 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 -- The administrative state goes global / Daphne Barak-Erez and Oren Perez -- International precedent and the practice of international law / Harlan Grant Cohen -- Religion, family law and competing norms / Joel A. Nichols -- 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 -- Is there such a thing as non-state law? : lessons from Kiryas Joel / Nomi Maya Stolzenberg -- The persistence of sovereignty and the rise of the legal subject / Michael A. Helfand | |
520 | |a "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 1 and back cover | ||
650 | 0 | |a Legal polycentricity | |
650 | 0 | |a Customary law | |
650 | 0 | |a Religious law and legislation | |
700 | 1 | |a Helfand, Michael A., |d 1979- | |
830 | 0 | |a ASIL studies in international legal theory | |
907 | |a .b2400546 | ||
998 | |a lower | ||
999 | |c 113901 | ||
852 | |a Law Library |b Lower Level |h K236 .N44 2015 |p 33940004506968 |