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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
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Authorities - Conflicts, Cooperation, and Transnational Legal Theory (Hardcover, New)
Loot Price: R3,607
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Authorities - Conflicts, Cooperation, and Transnational Legal Theory (Hardcover, New)
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Interactions between state, international, transnational and
intra-state law involve overlapping, and sometimes conflicting,
claims to legitimate authority. These have led scholars to new
theoretical explanations of sovereignty, constitutionalism, and
legality, but there has been no close attention to 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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