
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.
This book investigates whether multiple legitimate authorities can coexist within overlapping or conflicting domains in contemporary legal systems. Nicole Roughan, a scholar of legal philosophy, addresses the limitations of traditional theories of sovereignty and constitutionalism. She proposes a theory of relative authority, which posits that the legitimacy of an authority is fundamentally tied to its relationships and interdependence with other authorities in a pluralist legal landscape.
What You Will Find
Scope Limits
Legal scholars and political theorists recognize this work as a significant contribution to the study of legal pluralism. Readers frequently note the academic density of the prose, which is intended for an audience familiar with jurisprudence and constitutional theory.
Page Count:
270
Publication Date:
2013-01-01
Publisher:
Oxford University Press
ISBN-10:
0191651117
ISBN-13:
9780191651113
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