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The Making of Legal Authority
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The Making of Legal Authority: Non-legislative Codifications in Historical and Comparative Perspective

Nils Jansen

Abstract

Accounts of the nature of legal authority typically focus on the authority of officially sanctioned rules issued by legally recognised bodies — legislatures, courts, and regulators — that fit comfortably within traditional state-centred concepts of law. Such accounts neglect the more complex processes involved in acquiring legal authority. Throughout the history of modern legal systems, texts have come to acquire authority for legal officials without being issued by a legislature or a court. From Justinian's Institutes and Blackstone's Commentaries, to modern examples such as the American Law ... More

Keywords: legal authority, officially sanctioned rules, legally recognised bodies, legislatures, courts, regulators, modern legal systems, legal officials, Justinian's institutes, Blackstone's commentaries

Bibliographic Information

Print publication date: 2010 Print ISBN-13: 9780199588763
Published to Oxford Scholarship Online: May 2010 DOI:10.1093/acprof:oso/9780199588763.001.0001

Authors

Affiliations are at time of print publication.

Nils Jansen, author
Professor of Civil Law and Director at the Institute of Legal History at the University of Münster

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