Theorising Across Disciplines
- Elgar Studies in Legal Theory
Edited by Roger Cotterrell and Maksymilian Del Mar
Chapter 4: Law’s authority and overlapping jurisdictions
AbstractThis 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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