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The role of customary law in the shaping of new models of pluralistic states
The role of law in state building has fascinated scholars and practitioners across space and time. This fascination is unsurprising, given the often-negative consequences that arise from the quest to regulate human behaviour. In fact, the “State” is the only form that “modernity” has assumed to be plausible to organize society, leaving no space for other forms of regulation. However, different forms of organizations do exist, and legal pluralism survives in many contexts, despite the overwhelming normative expansion of the modern State. […]
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The role of law in state building has fascinated scholars and practitioners across space and time. This fascination is unsurprising, given the often-negative consequences that arise from the quest to regulate human behaviour. In fact, the “State” is the only form that “modernity” has assumed to be plausible to organize society, leaving no space for other forms of regulation. However, different forms of organizations do exist, and legal pluralism survives in many contexts, despite the overwhelming normative expansion of the modern State. […]