Download e-book for iPad: Authorities: Conflicts, Cooperation, and Transnational Legal by Nicole Roughan

By Nicole Roughan

ISBN-10: 0199671419

ISBN-13: 9780199671410

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.

Show description

Read or Download Authorities: Conflicts, Cooperation, and Transnational Legal Theory PDF

Best foreign & international law books

War and Self-Defense - download pdf or read online

While is it correct to visit warfare? the main persuasive resolution to this query has regularly been 'in self-defense'. In a penetrating new research, bringing jointly ethical philosophy, political technological know-how, and legislation, David Rodin indicates what is wrong with this resolution. He proposes a complete new conception of the best of self-defense which resolves some of the complicated questions that experience dogged either jurists and philosophers.

Download e-book for kindle: The Prosecutor and the Judge: Benjamin Ferencz and Antonio by Heikelina Verrijn Stuart, Marlise Simons

Past this 12 months, the Praemium Erasmianum origin bestowed its annual award—the Erasmus Prize—on Benjamin Ferencz and Antonio Cassese, pioneers within the box of foreign legislations. Ferencz, a number one American prosecutor, writer, and lecturer, was once current on the American warfare crimes trials in Dachau and used to be the executive prosecutor within the Einsatzgruppen trials in Nuremburg.

New PDF release: Das Kosovo-Gutachten des IGH vom 22. Juli 2010

The ICJ Opinion on Kosovo was once a lot awaited either in politics and in educational literature because it used to be anticipated to comprise not just a decisive verdict on an enduring controversy at the Balkans but in addition a ground-breaking stock-taking on many pivotal questions of overseas legislations. The Opinion passed down by way of the ICJ on 22 July 2010 instantly gave upward push to excessive discussions that made wide connection with matters reminiscent of self-determination, secession, kingdom sovereignty, kingdom reputation and the constitutionalization of the foreign legislations order.

New PDF release: The Nuremberg War Crimes Trial, 1945-46: A Documentary

Among November 1945 and October 1946, 22 high-ranking Nazi officers defended themselves sooner than the overseas army Tribunal. Reproducing major sections of the trial list, this quantity additionally outlines the heritage to the trial, strains the arrangements made by way of the primary actors within the court, and considers how the prosecution, safety, and tribunal handled the counts opposed to the accused.

Extra info for Authorities: Conflicts, Cooperation, and Transnational Legal Theory

Example text

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).

Download PDF sample

Authorities: Conflicts, Cooperation, and Transnational Legal Theory by Nicole Roughan


by Daniel
4.5

Rated 4.65 of 5 – based on 7 votes