Authorities: Conflicts, Co-operation, and Transnational Legal Theory

Hardcover | November 17, 2013

byNicole Roughan

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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 suchpluralist 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.

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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 un...

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 o...
Format:HardcoverDimensions:296 pagesPublished:November 17, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199671419

ISBN - 13:9780199671410

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Table of Contents

1. IntroductionAuthority and Plurality2. Understanding Authority3. Plurality of Authority in Legal/Constitutional Theory4. Plurality of Authority in Legal/Constitutional TheoryThe Puzzles of Plural Authority5. Compatible and Complementary Relationships6. Actual and Apparent ConflictA Pluralist Conception of Authority7. A Conjunctive Justification8. 'Relative Authority'9. The Relative Authority of Law: 'Pluralist Jurisprudence'Relative Authority in International, Transnational (and) Constitutional Law10. Relative Authority in Public International Law and Transnational Law11. Understanding Europe: from Constitutional Pluralism to Relative Authority12. Relative Authority Inside the State13. A Caase Study in Relative Authority: Crown-Maori Relationships in New Zealand