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Negotiating State and NonState Law: The Challenge of Global and Local Legal Pluralism (ASIL Studies in International Legal Theo,Used
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Trends in legal philosophy, international law, transnational law, law and religion, and political science all point toward the increasing role played by nonstate law in both public and private ordering. Numerous organizations, institutions, associations, and groups have emerged alongside the nationstate, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nationstate increasingly finds itself sandwiched, so to speak, between two broad and contrasting categories of nonstate law. The first category law above the state captures a wide range of legal systems that function across the territorial borders of nationstates. The second category law below the state includes various forms of local customary, religious, and indigenous law. Indeed, as these forms of nonstate law persist and proliferate alongside the nationstate, the relationship between state and nonstate law becomes more complex, multifaceted, and tense. This volume addresses this relationship between the nationstate and these various forms of nonstate law, considering whether and to what extent state and nonstate law can coexist and how each form of law seeks to influence as well as transform the other.
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