Law without the state explained

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.^{[1] [2]}
• It can be established as customary law such as that practiced by indigenous communities.^{[3] [4]}
• Non-state actors may create it,^{[5] [6]} 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.^[7]

References

1. Book: Berman, Harold J. . 1983 . Law and Revolution: the Formation of the Western Legal Tradition .
2. Emily Kadens, 'Myth of the Customary Law Merchant' (2011) 90 Texas Law Review 1153.
3. Book: van Schooten . H. . Verschuuren . J. . 2008 . International Governance and Law: State Regulation and Non-state Law . Cheltenham . Edward Elgar Publishing .
4. JC Bekker Seymour's Customary Law in Southern Africa 5 ed (1989).
5. Book: Schultz, Thomas . 2014 . Transnational Legality: Stateless Law and International Arbitration . Oxford University Press . 10.1093/acprof:oso/9780199641956.003.0004 .
6. Schultz . Thomas . 2007 . Private legal systems: what cyberspace might teach legal theorists . . 10 . 151 .
7. Chartier. Gary. Anarchy and Legal Order: Law and Politics for a Stateless Society. Notre Dame Philosophical Reviews. 2012.