Authorities : conflicts, cooperation, and transnational legal theory / Nicole Roughan.

Format:

Book

Author/Creator:

Roughan, Nicole, author.

Language:

English

Subjects (All):

Legal authorities.

International law.

Physical Description:

1 online resource (509 p.)

Edition:

First edition.

Place of Publication:

Oxford : Oxford University Press, 2014.

Language Note:

English

Summary:

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 tha

Contents:

Cover; Title Page; Copyright Page; Dedication; Acknowledgements; Contents; Table of Cases; 1. The Target of this Book; 2. Outline of the Core Argument; 3. Structure of the Book; Part I: Plurality and Authority; Part II: The Puzzles of Plurality; Part III: A Pluralist Conception of Authority; Part IV: Relative Authority in International, Transnational (and) Constitutional Law; 4. Preliminary Objections and Clarifications; a. Authority or sovereignty?; b. Legitimate or de facto authority?; c. Methodological objections; 1. Introduction; Part I: Authority and Plurality; 2. Understanding Authority

1. What is Authority?a. Authority as power; b. Authority's normativity; c. Authority's subjects and domains; 2. 'Public' Authority-General or Special Justification?; 3. Legitimate Authority; a. Justification to subjects; b. Justification simpliciter; 3. Plural Authorities and Inter-Authority Relationships; 1. Introducing Plurality and Inter-Authority Relationships; a. 'Same-domain' and 'interactive-domain' plurality; b. Integrated and disjunctive authorities; 2. Types of Inter-Authority Relationships; a. Compatible authorities: deference and toleration

b. Complementary authorities: cooperation and coordinationc. Conflict: actual and 'false' conflict; 4. Plurality of Authority in Legal/Constitutional Theory; 1. Constitutionalism, Pluralism, and Constitutional Pluralism; 2. Conceptions of Sovereignty; 3. Law and Legality; a. 'Transnational' law; 4. Authority; 5. Outstanding Puzzles; Part II: The Puzzles of Plural Authority; 5. Compatible and Complementary Relationships; 1. Procedural Justifications and Plurality; 2. The Waldron-Raz Exchange; 3. Initial Clarifications; 4. Compatible/Complementary Authorities and the Normal Justification Thesis

5. Compatible/Complementary Authorities and Procedural Justifications6. Actual and Apparent Conflict; 1. The Possibility of Conflicting Authorities; 2. Conflict and the Service Conception; a. The de facto condition; b. The moral condition; 3. The Identification Problem, the Rankings Problem, and Reasonable Enquiry; a. The rankings problem; b. The identification problem; 4. The Limitations of the Service Conception; Part III: A Pluralist Conception of Authority; 7. A Conjunctive Justification; 1. Standing and Standards of Authority; a. Standing; b. Standards

2. Reasons in a Conjunctive Justificationa. Plural reasons for decision; b. Plural reasons for action; 3. Is a Conjunctive Justification Satisfactory to Explain Plurality of Authority?; 8. 'Relative Authority'; 1. Relative Authority and the Relativity Condition; 2. A Pluralist Theory of Legitimate Authority (Why it is Preferable to a Monist Account); 3. The Case for Pluralism; 9. The Relative Authority of Law: 'Pluralist Jurisprudence'; 1. Why Care about Authority?; 2. Relative Legal Authority; a. Law's claim to supremacy; b. Law's claim to authority; c. The interaction of legal systems

3. The Value of Relative Legal Authority

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

0-19-882250-2

0-19-175178-2

0-19-165112-5

0-19-165111-7

OCLC:

861538527