Cambridge University Press Negotiating State and Non-State Law: The Challenge of Global and Local Legal Pluralism (ASIL Studies in International Legal Theory)

Non-state law is playing an increasing role in both public and private ordering. Numerous organizations 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, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - 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. This volume 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. Book Description Addresses the relationship between the nation-state and non-state law, considering how they can coexist and transform each other. 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.