Source: (2005) Connecticut Law Review 38 Conn. L. Rev. 239

Any examination of non-state justice systems requires an understanding of the context, political and legal, in which those systems operate. n20 This Article will attempt to survey one aspect of the possible legal and political contexts -- that of the relationship between the non-state and state systems. As Gordon Woodman has explained, the exercise of state power over a community will necessarily affect the relations within that community: it "cannot insulate a community from its own power." n21 It is not enough, therefore, that the state determines to "respect" the norms of a community or the NSJS that applies them. Rather, to achieve those objectives it must carefully consider the desired social objectives and design [*243] state policies, including the policy regarding the NSJS. It is the objective of this Article to begin that analysis by suggesting some of the potential postures of the state toward the NSJS, and to consider some of the potential consequences of those postures. (excerpt)