Paperback
Authority in Transnational Legal Theory
Theorising Across Disciplines
9781839100727 Edward Elgar Publishing
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.
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Critical Acclaim
Contributors
Contents
More Information
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.
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.
Critical Acclaim
‘For a subject the editors acknowledge to be as yet unformed, this book provides an impressive collection of substantive contributions, offering sometimes tentative, sometimes bold perspectives that range across its contested terrain. The immense significance of the subject and its potentially far-reaching implications are clearly accessible through the quality of these contributions. The prospects for an informed appreciation of the subject’s future development are reinforced by the editors’ own careful introductory commentary and measured concluding reflections.’
– Andrew Halpin, National University of Singapore
– Andrew Halpin, National University of Singapore
Contributors
Contributors: P.S. Berman, R. Cotterrell, K. Culver, M. Del Mar, S. Falk Moore, M. Giudice, N. Jansen, N. Krisch, H. Muir Watt, H. Psarras, S. Quack, N. Roughan, M. Troper, N. Walker
Contents
Contents:
Introduction
Roger Cotterrell and Maksymilian Del Mar
PART I CONCEIVING AUTHORITY: CHALLENGING AND DEFENDING TRADITIONAL APPROACHES
1. Authority, Solid and Liquid, in Postnational Governance
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 IV 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 Transnational Authority is Contingent: Three African Instances
Sally Falk Moore
PART V 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 Futures of Authority
Roger Cotterrell and Maksymilian Del Mar
Index
Introduction
Roger Cotterrell and Maksymilian Del Mar
PART I CONCEIVING AUTHORITY: CHALLENGING AND DEFENDING TRADITIONAL APPROACHES
1. Authority, Solid and Liquid, in Postnational Governance
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 IV 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 Transnational Authority is Contingent: Three African Instances
Sally Falk Moore
PART V 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 Futures of Authority
Roger Cotterrell and Maksymilian Del Mar
Index
