Authority in Transnational Legal Theory

Authority in Transnational Legal Theory

Theorising Across Disciplines

Elgar Studies in Legal Theory

Edited by Roger Cotterrell and Maksymilian Del Mar

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.

Chapter 4: Law’s authority and overlapping jurisdictions

Haris Psarras

Subjects: law - academic, legal philosophy, legal theory, public international law


This chapter concentrates on an old legal phenomenon that has recently re-emerged through transnational developments: the overlap between jurisdictions of law-applying bodies established by different legal systems. It analyses it through the prism of a theory on the authority of legal systems: the ‘theory of de facto authority’. After briefly discussing the impact of transnational developments on law and legal theory, this chapter focuses on the issue of overlapping jurisdictions and on key aspects of the ‘theory of de facto authority’ to establish that this theory can account satisfactorily for overlapping jurisdictions, in general, and, more particularly, for their occurrence at a transnational level.

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