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Edited Legal Collections Data |
Book Title: Authority in Transnational Legal Theory
Editor(s): Cotterrell, Roger; Del Mar, Maksymilian
Publisher: Edward Elgar Publishing
ISBN (hard cover): 9781784711610
Section: Chapter 10
Section Title: From authority to authorities: bridging the social/normative divide
Author(s): Roughan, Nicole
Number of pages: 20
Abstract/Description:
This chapter takes up the methodological challenge of theorizing about authority in circumstances of plurality, and in particular, the relationship between normative and sociological accounts of authority. The chapter makes two core claims. First, that the normative and sociological accounts of authority are both integrated and mutually dependent; and second, that there remains value in a strictly normative conception of legal authority, despite the challenge from many theorists of transnational law who argue for the loosening or relaxation of conceptions of authority to accommodate phenomena such as ‘soft law’, ‘liquid authority,’ or ‘governance’.
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URL: http://www.austlii.edu.au/au/journals/ELECD/2016/1238.html