Norm Creation beyond the State

Dann, Philipp; Eckert, Julia (2020). Norm Creation beyond the State. In: Foblets, Marie-Claire; Goodale, Mark; Sapignoli, Maria; Zenker, Olaf (eds.) The Oxford Handbook of Law and Anthroplogy (pp. 808-826). Oxford University Press 10.1093/oxfordhb/9780198840534.013.47

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The generation of law beyond the state is an unbroken dynamic. In international and transnational relations, the formulation and strategic use of rules through an increasing number of actors in diverse settings and across almost all fields of societal ordering provides a particularly fascinating and rich, but also contested field of inquiry for scholars of legal anthropology and law. We interrogate this dynamic of increasing deterritorialization of law production, which brings particular questions to the centre of our enquiries: Who are the actors involved in such norm creation? What are the conditions of participation in these norm-producing processes? How do such norms gain authority? To address these questions, we claim that the combination of anthropological and legal reservoirs of knowledge is particularly fruitful. What is more, we conclude that an important common task of anthropological and legal scholarship should be to ‘de-naturalize’ legal concepts and categories in order to make room for critical perspectives and interrogate, if not destabilize, structures of power and domination.

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