A Jurisprudential Controversy over Law's Shared Authority?

30 Jan 2018

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.