CiNii 図書 - Authority in transnational legal theory : theorising across disciplines

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 analyzes 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. Contributors include: P.S. Berman, R. Cotterrell, K. Culver, M. Del Mar, M. Giudice, N. Jansen, N. Krisch, S.F. Moore, H. Muir Watt, H. Psarras, S. Quack, N. Roughan, M. Troper, N. Walker

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

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