Utah Law Review, Vol 2010, No 1

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NON-STATE GOVERNANCE

Michael W. McConnell

Abstract


Non-state governance is a term shot through with paradox and illusion. From one point of view, there is no such thing. If we define the state as an omnicompetent sovereign, then only the state truly governs: any space that may be reserved for non-state entities to control their own affairs is itself a product of state action, a decision by the state to allow individuals to make binding contracts, to form churches and other associations, and so forth. From this point of view, we might argue normatively for more autonomy for various forms of subordinate association, but this is simply arguing for a particular approach to state governance while leaving room for private ordering.


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