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A jurisprudential controversy over law’s shared authority?

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.

2040-3313
631-640
Psarras, Haris
09a970ac-0e94-46f3-b19b-f74e6a9974b0
Psarras, Haris
09a970ac-0e94-46f3-b19b-f74e6a9974b0

Psarras, Haris (2017) A jurisprudential controversy over law’s shared authority? Jurisprudence, 8 (3), 631-640. (doi:10.1080/20403313.2017.1385301).

Record type: Article

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

Identifiers

Local EPrints ID: 423828
URI: https://eprints.soton.ac.uk/id/eprint/423828
ISSN: 2040-3313
PURE UUID: 88ce04df-fead-48f4-998d-7c81f948387c
ORCID for Haris Psarras: ORCID iD orcid.org/0000-0003-2473-4335

Catalogue record

Date deposited: 02 Oct 2018 16:30
Last modified: 20 Jul 2019 04:06

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