(Relative) Authority and Inter-legality

Rivista di Filosofia Del Diritto 11 (1):43-58 (2022)
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Abstract

The question of how to legitimize authority is generally addressed with reference to Raz’s service conception of authority. Yet, his functional explanation does not concern itself with how authoritative institutions are empowered at the outset. Even though Raz’s monistic account of authority is coupled with input legitimacy and pluralized with Waldron’s analysis of the inter-institutional allocation of authority, it does not assist us in inter-legal situations. As inter-legality is a theory oriented towards finding legitimate ways of legal intersection, this article aims at showing how authorities between different legal orders may engage in a legitimate relationship. In doing so, it benefits from Roughan’s pluralistic and relational account of authority coupled with a conjunctive justification thesis.

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Gürkan Çapar
Maynooth University

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References found in this work

The core of the case against judicial review.Jeremy Waldron - 2006 - Yale Law Journal 115:1346-1406.
A New Philosophy for International Law.Ronald Dworkin - 2013 - Philosophy and Public Affairs 41 (1):2-30.
Authority for Officials.Jeremy Waldron - 2003 - In Lukas H. Meyer, Stanley L. Paulson & Thomas Winfried Menko Pogge, Rights, culture, and the law: themes from the legal and political philosophy of Joseph Raz. New York: Oxford University Press.

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