Why Authority? A Jurisprudence Between Plurality and Pluralism

Paul Schiff Berman (Ed.) Oxford Handbook on Global Legal Pluralism (OUP, 2019, Forthcoming)

32 Pages Posted: 5 Feb 2019

See all articles by Nicole Roughan

Nicole Roughan

University of Auckland - Faculty of Law

Date Written: May 2, 2018

Abstract

This chapter argues that the key to understanding both plurality and pluralism is to account for their entanglement without assuming that the former entails the latter, or that the latter is always justified when the former exists. I argue here that a complex notion of authority, in which both reasons and relationships determine the existence and justification of authority, can clarify the relations between plurality and pluralism by pointing to a mode of subject-centred analysis and evaluation that does not presume either plurality’s justification nor pluralism’s analytical purchase. When both authority’s reasons and relationships are pluralised vis-à-vis the subjects of those reasons and relations, the very existence and justification of authority depends on the ways in which plural claims and receptions of authority interact, as well as on the impact of such interaction on the values that pluralism might carry. Such a view of authority should sound a note of caution for those who explore, evaluate or endorse the claims to authority made by various phenomena of legal plurality that are the objects of the present collection on global legal pluralism; for it raises a set of concerns about both the plausibility of such claims, their evaluation in relation to each other, and the potential for plurality of claims and invocations of authority to exist without pluralism itself being justified – for there to be space between plurality and pluralism.

Keywords: legal pluralism, jurisprudence, authority, plurality

JEL Classification: K10

Suggested Citation

Roughan, Nicole, Why Authority? A Jurisprudence Between Plurality and Pluralism (May 2, 2018). Paul Schiff Berman (Ed.) Oxford Handbook on Global Legal Pluralism (OUP, 2019, Forthcoming). Available at SSRN: https://ssrn.com/abstract=3320236

Nicole Roughan (Contact Author)

University of Auckland - Faculty of Law ( email )

Private Bag 92019
Auckland Mail Centre
Auckland, 1142
New Zealand

Register to save articles to
your library

Register

Paper statistics

Downloads
31
Abstract Views
85
PlumX Metrics