What is Non-State Law? Mapping the Other Hemisphere of the Legal World

摘要: In recent years, the number of references to "non-state law" has increased dramatically. Most these publications, however, on subjects ranging from customary law and indigenous rights rules world-wide-web, struggle with same fundamental question: What is non-state law? Because most this literature a strong normative focus, important conceptual empirical questions are left unanswered. This paper an attempt fill gap. It not critique previous work by lawyers, social scientists legal theorists. Neither does set out its own theory law. Instead, goal more modest: review socio-legal draw tentative map "other hemisphere world". The first half discusses three waves attention for in literature: "colonialism", "legal pluralism at home" "globalization". second half, used One dimension differentiates between within without national state. other as conduct norms decision. way, our locates four different types Writing early twentieth century, Eugen Ehrlich argued that scholars his day seriously impoverished science because they confined their Today, rapidly changing "Global Bukowina" twenty-first Ehrlich's plea decoupling state still lost little relevance "liberation shackles" seems appropriate than ever.