Authorities e-bog
344,69 DKK
(inkl. moms 430,86 DKK)
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 legiti...
E-bog
344,69 DKK
Forlag
OUP Oxford
Udgivet
3 oktober 2013
Længde
270 sider
Genrer
Methods, theory and philosophy of law
Sprog
English
Format
epub
Beskyttelse
LCP
ISBN
9780191651120
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 legitimateauthority 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.