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Authority in Transnational Legal Theory: Theorising Across Disciplines

Authority in Transnational Legal Theory: Theorising Across Disciplines

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781784711610
  • 出版时间 September 2016
  • 规格: Hardback
  • 适应领域: International ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,557.75

¥1,511.02 Save ¥46.73 (3%)

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  • 描述 
  • 大纲 
  • 详细

    The increasing transnationalisation of regulation – and social life more generally – challenges the basic concepts of legal and political theory today. One of the key concepts being so challenged is authority. This discerning book offers a plenitude of resources and suggestions for meeting that challenge.

    Chapters by leading scholars from a wide variety of disciplines confront the limits of traditional state-based conceptions of authority, and propose new frameworks and metaphors. They also reflect on the methodological challenges of the transnational context, including the need for collaboration between empirical and conceptual analysis, and the value of historicising authority. Examining the challenge offered by transnational authority in a range of specific contexts, including security, accounting, banking and finance, and trade, Authority in Transnational Legal Theory analyses the relations between authority, legitimacy and power. Furthermore, this book also considers the implications of thinking about authority for other key concepts in transnational legal theory, such as jurisdiction and sovereignty.

    Comprehensive and engaging, this book will appeal to both legal academics and students of law. It will also prove invaluable to political scientists and political theorists interested in the concept of authority as well as social scientists working in the field of regulation.

  • Introduction
    Roger Cotterrell and Maksymilian Del Mar

    PART I CONCEIVING AUTHORITY: CHALLENGING AND DEFENDING TRADITIONAL APPROACHES
    1. The Structure of Postnational Authority
    Nico Krisch
    2. Claims to Authority, Legal Systems, and Dynamic Social Phenomena
    Keith Culver and Michael Giudice
    3. The Modern State and the Concept of Authority
    Michel Troper
    4. Law’s Authority and Overlapping Jurisdictions
    Haris Psarras

    PART II CONSTITUTIONALISM AND PLURALISM
    5. The Antinomies of Constitutional Authority
    Neil Walker
    6. The Evolution of Global Legal Pluralism
    Paul Schiff Berman

    PART III HISTORICISING AUTHORITY
    7. Informal Authorities in European Private Law
    Nils Jansen
    8. Imaginaries of Authority: Towards an Archaeology of Disagreement
    Maksymilian Del Mar

    PART III METHODS: NORMATIVE, SOCIOLOGICAL, AND ANTHROPOLOGICAL
    9. Transnational Legal Authority: A Socio-Legal Perspective
    Roger Cotterrell
    10. From Authority to Authorities: Bridging the Social / Normative Divide
    Nicole Roughan
    11. When International Authority is Contingent: Three African Instances
    Sally Falk Moore

    PART III THE PRIVATISATION OF AUTHORITY AND THE INTERNATIONAL ECONOMY
    12. Theorising Transnational Authority: A Private International Law Perspective
    Horatia Muir Watt
    13. Expertise and Authority in Transnational Governance
    Sigrid Quack
    Concluding Reflections: Transnational Future(s) of Authority
    Roger Cotterrell and Maksymilian Del Mar
    Index

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