Around the world, the role of national regulation is often hotly debated. This book takes as its starting point the fact that legislatures and regulators are criticized for over-regulation and for producing poor-quality regulation which ignores input from citizens and stifles private initiative. This situation has enhanced the role of non-state law, in forms such as self-regulation and soft law. In this book, international scholars in various fields of law, as well as socio-legal studies, address the question to what extent non-state law currently influences state regulation, and what the consequences of non-state law are likely to be for state regulation.Drawing lessons for the state legislature and state regulators, this innovative book will be of great interest to academic researchers and post graduate students in the fields of law, regulation, legal sociology, legal theory, law and economics, and environmental law. It will also be of interest to policy makers and regulators - those working at ministries and government departments drafting legislation.
Contents:1. IntroductionJonathan VerschuurenPART I: NON-STATE LAW IN THEORY2. What is Non-State Law? Mapping the Other Hemisphere of the LegalWorldMarc Hertogh3. Can There be Law Without the State? - The Ehrlich-Kelsen Debate Revisited in a Globalizing SettingBart van Klink4. Philip Selznick: Incipient Law, State Law and the Rule of LawMartin Krygier5. The Point of Law: The Interdependent Functionality of State and Non-State RegulationSanne Taekema6. Ehrlich's Non-State Law and the Roman JuristsOlga Tellegen-CouperusPART II: NON-STATE LAW IN PRACTICE7. Environmental Regulation and Non-State Law: the Future Public Policy AgendaNeil Gunningham8. The Hardness of Soft Law in United Kingdom: State and Non-State Regulatory Activities Related to Nanotechnological DevelopmentBarbel Dorbeck-Jung and Marloes van Amerom9. Barristers Beyond the Law: State and Non-State Actors Work in Partnership to Enforce Legal and Moral NormsJenny Job10. In a World Without a Sovereign: Native Title Law in AustraliaFrancesca Dominello11. Regulating the Living Will: The Role of Non-State Law at the End of LifeOliver W. Lembcke12. The Influence of Court Judgments on Non-State LawHans Peters13. Conclusions and Challanges: Towards a Fruitful Relationship between State Regulation and Non-State LawHanneke van Schooten and Jonathan Verschuuren
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