Law without the state (also called transnational stateless law, stateless law, or private legal orderings) is law made primarily outside of the power of a state.
Such law may be established in several ways:
- It may emerge in systems such as existed in feudal Europe prior to the emergence of the modern nation state with the treaty of Westphalia.
- It can be established as customary law such as that practiced by indigenous communities.
- Non-state actors may create it, for instance in the form of "soft law".
- According to various theories of anarchist law, it could result from how a society would organize itself without formal government.
See also
- List of national legal systems – System for interpreting and enforcing the laws
- Religious law – Ethical and moral codes taught by religious traditions
- Islamic Courts Union – Somalian legal and political organization (2000–2009)
- Beth Din – Rabbinical court of JudaismPages displaying short descriptions of redirect targets
- Kris (Romani court) – Romani traditional courtPages displaying wikidata descriptions as a fallback
- Jirga – Assembly of Pashtun tribal leaders
- Lex Mercatoria – Part of the history of contract lawPages displaying short descriptions of redirect targets
References
- Berman, Harold J. (1983). Law and Revolution: the Formation of the Western Legal Tradition.
- Emily Kadens, 'Myth of the Customary Law Merchant' (2011) 90 Texas Law Review 1153.
- van Schooten, H.; Verschuuren, J. (2008). International Governance and Law: State Regulation and Non-state Law. Cheltenham: Edward Elgar Publishing.
- JC Bekker Seymour's Customary Law in Southern Africa 5 ed (1989).
- Schultz, Thomas (2014). Transnational Legality: Stateless Law and International Arbitration. Oxford University Press. doi:10.1093/acprof:oso/9780199641956.003.0004.
- Schultz, Thomas (2007). "Private legal systems: what cyberspace might teach legal theorists". Yale Journal of Law and Technology. 10 (151).
- Chartier, Gary (2012). "Anarchy and Legal Order: Law and Politics for a Stateless Society". Notre Dame Philosophical Reviews.
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