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Vol 21 No 10 Oct/Nov 2016

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Authority in Transnational Legal Theory: Theorising Across Disciplines

Edited by: Dr. Maksymilian Del Mar Roger Cotterrell

ISBN13: 9781784711610
Published: September 2016
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £95.00



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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.

Subjects:
Public International Law, Jurisprudence
Contents:
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