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A Jurisprudential Controversy over Law's Shared Authority?

Accepted version
Peer-reviewed

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Type

Article

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Authors

Psarras, C 

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.

Description

Keywords

39 Education, 4804 Law In Context, 3904 Specialist Studies In Education, 48 Law and Legal Studies, 50 Philosophy and Religious Studies, 5003 Philosophy

Journal Title

Jurisprudence

Conference Name

Journal ISSN

2040-3313
2040-3321

Volume Title

8

Publisher

Taylor & Francis