L E G A L

S Y S T E M O F
B A N G L A D E S H
MD. JAHID-AL-MAMUN
LECTURER
DEPARTMENT OF LAW
UNIVERSITY OF DHAKA
SESSION 8
L AW W I T H O U T T H E S TAT E
W H AT I S A
S TAT E ?
S TAT E V S
N AT I O N
EVOLUTIO
N OF A
S TAT E
L AW A N D
S TAT E
 • Law is a concomitant centralizing process, a
process that, at a certain point, resulted in
the formation of the nation-state.
• Law as state law: the understandings,
practices and institutional forms called into
being by the attempt to govern are so
distinctive, so different from what went
before and continued to survive alongside,
Law as State that from an analytic perspective, we can

Law appropriately endorse their self-proclaimed

identity as law.
In Charge of Law
• Command: a particular mode of decision; the
leader tells members what to do;
• Discursive formulation of ideology: justifying
leaders’ exercise of authority; associated with
growth of ritual productions;
• Self-conscious, explicit articulation of
normative propositions and standards, often in
a codified form. Rulemaking or co-option of
preexisting repertoires.
ENSUING ATTEMPT TO ACHIEVE COMPLIANCE THE RECOGNITION OF, AND GRANT OF THE PROVISION OF ADJUDICATORY AGENCIES
BY THE MONITORING OF THESE CENTRALLY QUALIFIED AUTONOMY TO , LOCAL AGENCIES OF DISPUTE RESOLUTION.
RECOGNIZED STANDARDS AND THE OF GOVERNMENT;
DEPLOYMENT OF SUPPORTING FORCE;
 T H E E X E R C I S E
O F P O W E R H A S
A LWAY S B E E N
F O R M U L AT E D I N
T E R M S O F L AW.
L AW A N D
FA I T H
 Law in its nature, involves
domination, so the same can be
said of the reproach implied in the
term imposed law.
Legal centralism
Legal Pluralism
• Definition: Legal pluralism refers
to the coexistence and interaction
of multiple legal systems or
norms within a single society or
jurisdiction.
• Context: Common in diverse
societies with different cultural,
religious, or ethnic backgrounds.
 Features of Legal Pluralism
1.Multiple Legal Orders: Legal pluralism recognizes that within a
given society, there can be more than one legal system at play. These
legal systems can stem from various sources, including state law,
customary law, religious law, and international law.
2.Diversity of Norms: Each legal system within a pluralistic context
may have its own norms, rules, and procedures. These norms may
govern different aspects of life, such as family, property, contracts, or
disputes.
3. Interaction and Overlap: Legal pluralism acknowledges that these legal systems
often interact and overlap. Individuals may navigate between different legal orders
depending on the nature of the issue they face, personal beliefs, or community
affiliations.
4. Recognition and Enforcement: The coexistence of legal pluralism raises questions
about the recognition and enforcement of legal norms. Sometimes, state legal systems
may recognize and incorporate customary or religious law, while in other cases,
conflicts may arise between different legal orders.
5. Complexity and Challenges: Legal pluralism can be complex and present challenges
for individuals seeking justice, as they must navigate through various legal systems,
each with its own set of rules and procedures.
 Law without the State
• a concept that challenges the traditional understanding of law as
something created, enforced, and regulated exclusively by a
centralized state or government authority.
• Instead, it explores the possibility of legal systems or norms emerging
and functioning independently of the state.
• This concept is often associated with legal philosophers and scholars
who examine alternative forms of governance and legal order.
 Features of "Law Without the State"
Decentralized Legal Systems: Proponents of "Law Without the State" argue that legal
norms can exist and be enforced within decentralized or non-state entities. These legal
systems can develop within communities, organizations, or even online networks.
Customary Law: Customary law, which is based on long-standing traditions, customs,
and practices within a community, is often cited as an example of "Law Without the
State." It operates through community consensus and can regulate various aspects of
life, including property rights, marriage, and dispute resolution.
Private Governance: Some legal scholars explore the role of private institutions and
mechanisms in governing behaviour and resolving disputes. Private arbitration, for
example, allows parties to resolve conflicts without turning to the state's judicial system.
Online Communities: In the digital age, online communities and platforms may
develop their own rules, terms of service, and dispute resolution mechanisms,
effectively creating their legal systems outside the purview of the state.
Anarchist and Libertarian Perspectives: Some anarchist and libertarian thinkers
advocate for minimal or no state involvement in legal matters. They argue that
voluntary agreements and private institutions can replace or supplement state-based
legal systems.
Challenges and Controversies: The concept of "Law Without the State" raises
questions about enforcement, accountability, and the protection of individual rights.
Critics argue that state authority is necessary to ensure the rule of law and safeguard
fundamental rights.
 L E T ’ S F I N D O U T
L A W W I T H O U T T H E
S T A T E I N
B A N G L A D E S H … … … …
 MERCI
B E A U C O U P.