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 13: Expertise and authority in transnational governance

Sigrid Quack

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


This chapter starts from the observation that the growing density and complexity of transnational governance generates regulatory uncertainty which fosters the strategic use of expertise to develop an analytical framework for assessing the role of knowledge and expertise as a basis for authority. To understand the relationship between knowledge, expertise and authority in transnational governance two interrelated types of claim are distinguished. The first involves claims to epistemic authority by which individuals or groups attempt to convert their specific knowledge into expertise as a type of knowledge that stands out from other more commonly shared forms of the latter. The second type refers to actors’ claims to governance authority, in the sense of a privileged voice in transnational rule-making and implementation. Building on this conceptual framework, the chapter investigates how different groups of knowledgeable actors have sought to transform claims to policy-relevant expertise (epistemic authority) into claims for a privileged voice in transnational rule-making and implementation (governance authority) in the fields of transnational copyright and accounting governance.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information