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Authorities: Conflicts, Cooperation, and Transnational Legal Theory

Autor Nicole Roughan
en Limba Engleză Paperback – 2 mai 2018
Interactions between state, international, transnational, and intra-state law involve overlapping, and sometimes conflicting, claims to legitimate authority. This has led scholars to new theoretical explanations of sovereignty, constitutionalism, and legality, but there has been little treatment of authority itself. This book asks whether, and under what conditions, there can be multiple legitimate authorities with overlapping or conflicting domains. Can legitimate authority be shared between state, supra-state, and non-state actors, and if so, how should they relate to one another?Roughan argues that understanding authority in contemporary pluralist circumstances requires a new conception of relative authority, and a new theory of its legitimacy. The theory of relative authority treats the interdependence of authorities, and the relationships in which they are engaged, as critical to any assessment of their legitimacy. It offers a tool for evaluating inter-authority relationships prevalent in international, transnational, state, and non-state constitutional practice, while suggesting significant revisions to the idea that law, in general or even by necessity, claims to have legitimate authority.
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Specificații

ISBN-13: 9780198822509
ISBN-10: 0198822502
Pagini: 288
Dimensiuni: 156 x 233 x 16 mm
Greutate: 0.44 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom

Recenzii

...Roughans book is remarkably useful. For legal and political theorists, it is a wake-up all to do more than lip service to the complexities of the globalised world. For international and transnational jurists, it offers clear insights into the relevant legal and political philosophy.
...it is clear that Roughans work occupies novel terrain within the project of practical philosophy. But Authorities is no mere stopgap. This is a carefully argued text that expounds upon previous currents of thought in a way that raises serious questions about the modern understanding of authority. It then suggests a manner of addressing these concerns that is both inventive and carefully worked out. As such, this book deserves our attention.
It is an outstanding contribution to the philosophy of international law and should be at the top of the reading list of anyone interested in the authority of law within and beyond the state.
Nicole Roughan provides a densely argued, clear-headed, and deeply informed exploration of the concept of legal and political pluralism... Beyond presenting a novel account of authority, the first part of the book also provides an admirably clear presentation of dominant accounts of authority. What's more, Roughan's taxonomy of different authority relations and discussion of constitutional pluralism are useful for those looking for an entrance into the complex world of international jurisprudence.
An impressive contribution to the field of authority and legal pluralism. The sheer clarity, detailed analysis, and abundant use of examples to support the author's views represent exemplary scholarship. The book is of great value to not only legal philosophers, but also to lawyers, political theorists, and sociologists with a taste for theoretical problems. Her engaging approach makes it an excellent starting point for anyone who is interested in this significant but difficult topic.
The world around us changes, and with it, the explanatory and normative value of received theoretical effort. To undertake the complex work of conceptual revision that is needed when an assessment of that serviceability comes up short is a difficult endeavour. But to regard received resources with a conciliatory eye when doing so, resisting the urge to simplify and polarise in favour of moments of contact, concession, and conjunction, is a particular kind of achievement. Nicole Roughan's accomplishment in Authorities is that she delivers on all of these things. Erudite, carefully-argued, and beautifully written, the book is a genuine pleasure to read.

Notă biografică

Nicole Roughan is an Associate Professor at the Faculty of Law, University of Auckland, and formerly of the National University of Singapore where she was Associate Professor and Deputy-Director of the Centre for Legal Theory. Nicole is currently working on a new book,Officials. In 2017 Nicole was awarded a Rutherford Discovery Fellowship from the Royal Society Te Aparangi, to pursue a five-year project on Legalities: Jurisprudence without Borders.