A jurisprudential controversy over law’s shared authority?
A jurisprudential controversy over law’s shared authority?
The authority of law is generally understood to be the authority of a legal system. It may be quite straightforward to establish over whom the authority of a legal system is typically exercised: these are the persons whose legal rights and duties are specified and enforced by the legal system in question. A more troubling question asks who are the bearers of such authority. One may say that these are the legal officials. Other answers may be more specific. For instance, some would argue that legal authority rests with the courts of a legal system or with its supreme court; with its legislature or with both its courts and legislature. In his monograph, Shared Authority: Courts and Legislatures in Legal Theory, Dimitrios Kyritsis subscribes to this latter view.
631-640
Psarras, Haris
09a970ac-0e94-46f3-b19b-f74e6a9974b0
2017
Psarras, Haris
09a970ac-0e94-46f3-b19b-f74e6a9974b0
Abstract
The authority of law is generally understood to be the authority of a legal system. It may be quite straightforward to establish over whom the authority of a legal system is typically exercised: these are the persons whose legal rights and duties are specified and enforced by the legal system in question. A more troubling question asks who are the bearers of such authority. One may say that these are the legal officials. Other answers may be more specific. For instance, some would argue that legal authority rests with the courts of a legal system or with its supreme court; with its legislature or with both its courts and legislature. In his monograph, Shared Authority: Courts and Legislatures in Legal Theory, Dimitrios Kyritsis subscribes to this latter view.
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Psarras Open Access 2017
- Accepted Manuscript
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Accepted/In Press date: 2 September 2017
e-pub ahead of print date: 30 October 2017
Published date: 2017
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Local EPrints ID: 423828
URI: http://eprints.soton.ac.uk/id/eprint/423828
ISSN: 2040-3313
PURE UUID: 88ce04df-fead-48f4-998d-7c81f948387c
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Date deposited: 02 Oct 2018 16:30
Last modified: 16 Mar 2024 07:04
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