Law without state: From the past to the future

This thesis examines the concept of stateless law in order to question whether the existence of law depends on the state and how law might function in the absence of the state. The modernist approach asserts that law is a product of the state, created and enforced through state mechanisms. In contrast, some legal scholars and philosophers argue that law is a social structure predating the state and, as such, can exist independently. In this context, the thesis explores historical and contemporary legal systems where centralized state authority is absent. The research progresses through historical and contemporary examples, offering a detailed examination of legal traditions, international legal frameworks, and the systems of law developed by local communities through their internal regulations. Particularly, the legal practices observed in autonomous regions and within international organizations offer significant insights regarding how stateless law operates in practice and the conditions under which it can succeed. Methodologically, this thesis adopts a multidisciplinary approach. It examines the regulatory norms and legal practices developed by societies in historical contexts where the state was either weak or non-existent. Additionally, it analyzes the role of non-state actors in modern legal systems, including multinational corporations and international organizations, exploring whether they develop norms independent of state authority. A further critical dimension of this thesis involves exploring potential scenarios for the evolution of law independent of the state in light of globalization, technological advancements, and shifting political conditions. It particularly examines how increasing digitization and globalization might allow law to evolve beyond centralized state authority and considers the potential structures of these emerging legal systems.