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Magical Tome

Cover of Rechtsdurchsetzung Ohne Staat
First published
2019
Publisher
Mohr Siebeck GmbH & Company KG
Pages
136 pages
ISBN
9783161561351

Rechtsdurchsetzung Ohne Staat

The outer archives are busy

by Martin Schmidt-Kessel

About this book

Is there such a thing as state-free enforcement of law? Or does the state's monopoly on the use of force preclude it? The law is manifested in its enforcement - legal systems do not consist of decisions alone, but also of the instruments used to help implement the law. While safeguarding the public, especially when it comes to criminal law sanctions, is a task of the state itself, the widespread use of arbitration shows that private law does not always have to rely on state institutions to solve disputes. So can state enforcement be dispensed of? And, if so, to what extent? The contributions collected here shift perspective to bring other enforcement paradigms like efficiency of public order and dispute resolution into view.

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