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

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

Author: Nicole Roughan
Publisher: Oxford University Press
ISBN: 9780199671410
Published In: October 2013
Format: Hardback , 288 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Offers a novel response to a central problem in both philosophy of law and transanational legal theory
Integrates theories of authority with theories of legal pluralism and transnational law to engage each field with leading contributions of the other
Presents a clear critique of existing theories of legal pluralism

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.

Readership: Scholars and students of Transnational, International Law, Constitutional Theory and Indigenous Law. Philosophers of Law and Scholars of Jurisprudence

Introduction
Authority and Plurality
2: Understanding Authority
3: Plurality of Authority in Legal/Constitutional Theory
4: Plurality of Authority in Legal/Constitutional Theory
The Puzzles of Plural Authority
5: Compatible and Complementary Relationships
6: Actual and Apparent Conflict
A Pluralist Conception of Authority
7: A Conjunctive Justification
8: 'Relative Authority'
9: The Relative Authority of Law: 'Pluralist Jurisprudence'
Relative Authority in International, Transnational (and) Constitutional Law
10: Relative Authority in Public International Law and Transnational Law
11: Understanding Europe: from Constitutional Pluralism to Relative Authority
12: Relative Authority Inside the State
13: A Caase Study in Relative Authority: Crown-Maori Relationships in New Zealand

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.