Law without the state
Law without the state 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.
- It can be established as customary law such as that practiced by indigenous communities.
- Non-state actors may create it, 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.