In part I, I introduced a distinction between ‘natural’ and ‘artificial’ non-territorial group formation as a basis for looking at examples of non-territorial practices in governing. In this post, I’ll go into a bit more detail on the natural category, and how particular examples from the past have facilitated non-territoriality.
The first commonality between historical cases of non-territorial governance, e.g. Roman Empire, Icelandic Free Commonwealth, establishment of extra-territorial consular jurisdictions, Austro-Hungarian Empire, territorially-dispersed minorities (Maori in New Zealand, Sami in Norway), and Belgium; seems to be that they tend to occur when already-existing ‘group identities’ are incorporated, marginalised or homogenised by an encompassing state or dominant group.
One of the things I have been looking at recently is the concept of ‘non-territoriality’ in governance.
The idea bears some relation to the political philosophy of panarchy:
PANARCHY (pan-archy: many chiefs; multi-government) is a system of competing, co-existing governments which conduct their operations within the same geographical territories without making any claims to those territories, and whose only powers derive from the consent of those they govern, i.e., those who voluntarily agree to submit to a particular government. These voluntary governments are constituted and operate on the basis of contractual personal law rather than the coercive territorial law of the Nation-State.
David Taylor (1989), For Panarchy
Non-territoriality also crops up in the (small) literatures on functional federalism (FOCJ) by Bruno Frey and multi-level governance by Liesbet Hooghe and Gary Marks. Not to mention to concept of extraterritorial jurisdiction that dates back to medieval merchants and modern(-ish) colonial practices.
Two questions stick out: (1) has non-territorial governance ever came to be?; and if so (2) when, where, and why?