Authorities: Conflicts, Cooperation, and Transnational Legal Theory

ISBN-13: 9780199671410 / Angielski / Twarda / 2013 / 288 str.

Nicole Roughan

Opis

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.

Recenzje

The world around us changes, and with it, the explanatory and normative value of received theoretical effort. To undertake the complex work of conceptual revision that is needed when an assessment of that serviceability comes up short is a difficult endeavour. But to regard received resources with a conciliatory eye when doing so, resisting the urge to simplify and polarise in favour of moments of contact, concession, and conjunction, is a particular kind of achievement. Nicole Roughan's accomplishment in Authorities is that she delivers on all of these things. Erudite, carefully-argued, and beautifully written, the book is a genuine pleasure to read.

O autorze

Nicole Roughan is an Associate Professor at the Faculty of Law, University of Auckland, and formerly of the National University of Singapore where she was Associate Professor and Deputy-Director of the Centre for Legal Theory. Nicole is currently working on a new book,Officials. In 2017 Nicole was awarded a Rutherford Discovery Fellowship from the Royal Society Te Aparangi, to pursue a five-year project on Legalities: Jurisprudence without Borders.