By Nicole Roughan
The interplay among kingdom, transnational and overseas legislation is overlapping and sometimes conflicting. but regardless of this messiness and multiplicity, legislation nonetheless creates responsibilities for its matters. regardless of its plurality, legislation nonetheless claims a few form of authority.
The implications of this plurality of legislation will be troubling. It generates uncertainty for law-users over which legislations they're sure via, or for law-makers over the boundaries in their authority. hence the sensible challenge isn't plurality of legislation in itself, particularly confusion over law's authority in such pluralist conditions.
Roughan argues that realizing authority in such pluralist situations calls for a brand new perception of 'relative authority.'
This ebook seeks to supply the theoretical instruments had to convey the disciplines interpreting felony and constitutional pluralism, into extra direct engagement with theories of authority, by means of reading the single perform within which they're all : the perform of public authority.
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Extra info for Authorities: Conflicts, Cooperation, and Transnational Legal Theory
This becomes crucial to Raz’s views on the justiﬁcation of authority, discussed in the following chapters. 14 See Raz, The Morality of Freedom, 57–63. The pre-emption thesis is central to Raz’s positivist legal theory, but causes problems for his account of authority. For analysis of tensions between Raz’s pre-emption thesis and his normal justiﬁcation thesis, see Margaret Martin, ‘Raz’s the Morality of Freedom: Two Models of Authority’ (2010) Jurisprudence 63. A common argument against the pre-emption thesis itself is that authoritative directives do not pre-empt reasons for decision; rather they either outweigh reasons against doing what the directive requires or provide reasons to treat these contradictory reasons as being outweighed.
21 Whether or not the justiﬁcation of authority depends upon acceptance/relationships or upon reason, a justiﬁcation for authority is not a justiﬁcation for coercion, although having justiﬁed authority may be a part of a justiﬁcation for coercion. They can be added together as separate features of a complex 18 Joseph Raz, The Authority of Law (2nd edn, Oxford University Press, 2009), 18. Similarly, a promise can function as a protected reason: it excludes a set of reasons not to act on the promise, and because promises ought to be kept, a promise provides a primary reason of its own in favour of the action.
40 Answers then roughly divide into two structures of justiﬁcation: justiﬁcation to the subjects of authority; or justiﬁcation simpliciter, in accordance with reason. In the ﬁrst category are a range of ‘procedural’, ‘non-instrumental’, or ‘input’ theories, which all require some form of participation from the subject(s) of an authority in order for that authority to be legitimate. On these accounts, 37 This usage follows Raz. See Raz, The Authority of Law (2nd edn, Oxford University Press, 2009, 8–11).
Authorities: Conflicts, Cooperation, and Transnational Legal Theory by Nicole Roughan