Authorities: Conflicts, Cooperation, and Transnational Legal Theory
How can legal authority be explained beyond the sovereign state? Roughan argues that instances of transnational and international law, along with overlapping constitutional orders, should be regarded as having shared, interdependent and relative authority.
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|Library of Congress
||International law, Legal authorities
||Law: General & Reference
Description of this Book
The interaction between state, transnational and international law is overlapping and often conflicting. Yet despite this messiness and multiplicity, law still creates obligations for its subjects. Despite its plurality, law still claims some kind of authority. The implications of this plurality of law can be troubling. It generates uncertainty for law-users over which law they are bound by, or for law-makers over the limits of their authority. Thus the practical problem is not plurality of law in itself, rather confusion over law's authority in such pluralist circumstances. Roughan argues that understanding authority in such pluralist circumstances requires a new conception of 'relative authority.' This book seeks to provide the theoretical tools needed to bring the disciplines examining legal and constitutional pluralism, into more direct engagement with theories of authority, by examining the one practice in which they are all interested: the practice of public authority.
Awards, Reviews & Star Ratings
||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. Patrick Taylor Smith, Notre Dame Philosophical Reviews
Nicole Roughan is an Assistant Professor at the National University of Singapore, and a Research Fellow of the New Zealand Centre for Public Law. She was previously a Lecturer at the Faculty of Law, University of Cambridge, a Teaching Officer at Trinity College, Cambridge, and a Lecturer at Victoria University of Wellington's Faculty of Law.