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Negotiating State and Non-State Law

The Challenge of Global and Local Legal Pluralism
Brief Description
Non-state law is playing an increasing role in both public and private ordering. Numerous organisations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organise their affairs. The nation-state increasingly finds itself sandwiched between two... Read More
Format: Paperback / softback
$12200

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This volume addresses the relationship between the nation-state and 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.

Addresses the relationship between the nation-state and non-state law, considering how they can coexist and transform each other.

Book Hero Magic formatted this description to make it easier to read. While it's new and still learning, it may not be perfect - your feedback is welcome! Description

Non-state law is playing an increasing role in both public and private ordering. Numerous organisations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organise their affairs.

The nation-state increasingly finds itself sandwiched between two broad and contrasting categories of non-state law. The firstβ€”law above the stateβ€”captures legal systems that function across the territorial borders of nation-states. The second categoryβ€”law below the stateβ€”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. Negotiating State and Non-State Law 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.

Series: ASIL Studies in International Legal Theory

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  • Human Dignity in International Law
    Over the past two centuries, the concept of human dignity has moved from the fringes to the centre of the international legal system. Human Dignity in International Law is the first detailed historical, theoretical and legal investigation of human dignity as a normative value, the intellectual sources that shaped its legal recognition, and the main legal instruments used to give...
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  • Negotiating State and Non-State Law
    Non-state law is playing an increasing role in both public and private ordering. Numerous organisations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organise their affairs. The nation-state increasingly finds itself sandwiched between two broad and contrasting categories of non-state law. The firstβ€”law above the stateβ€”captures legal systems...
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  • The Nature of International Law
    Jurisprudence has up until recently largely neglected international law as a subject of philosophizing. The Nature of International Law tries to offset against this deficiency by providing a comprehensive explanatory account of international law. It does so within an analytical tradition, albeit within the one which departs from the nowadays dominant method of the metaphysically-driven conceptual analysis. Instead, it adopts...
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Book Details

INFORMATION

ISBN: 9781107444461

Publisher: Cambridge University Press

Format: Paperback / softback

Date Published: 02 April 2026

Country: United Kingdom

Imprint: Cambridge University Press

Contributors:

  • Edited by Michael A. Helfand

Audience: Professional and scholarly

DIMENSIONS

Weight: 300g

Pages: 361

About the Author

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.

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