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Legality's BordersAn Essay in General Jurisprudence$
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Keith Culver and Michael Giudice

Print publication date: 2010

Print ISBN-13: 9780195370751

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780195370751.001.0001

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An inter-institutional account of non-state legality

An inter-institutional account of non-state legality

Chapter:
(p.143) 5 AN INTER-INSTITUTIONAL ACCOUNT OF NON-STATE LEGALITY
Source:
Legality's Borders
Author(s):

KEITH CULVER

MICHAEL GIUDICE

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195370751.003.005

Separation of legality from the state is what enables our view to better explain without distortion the various forms of non-state prima facie legality whose emergence is too pervasive to leave outside the scope of a balanced general jurisprudence. This chapter returns to the prima facie legalities identified in Chapter 1, and shows fully how freedom from the ideas of legal official, legal system, and hierarchy (and so in general the idea of “chains of validity”) is crucial to responsive descriptive-explanation of legality broadly.

Keywords:   intra-state legality, trans-state legality, supra-state legality, super-state legality, legal pluralism, legal system, inter-institutional theory

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