Non-State Justice Systems and the State: Proposals for a Recognition Typology

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)