Bokus
David Dyzenhaus - The Long Arc of Legality, Häftad

Häftad, Engelska, 2023

The Long Arc of Legality

Hobbes, Kelsen, Hart

Av David Dyzenhaus

470 kr

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Beskrivning
The Long Arc of Legality breaks the current deadlock in philosophy of law between legal positivism and natural law by showing that any understanding of law as a matter of authority must account for the interaction of enacted law with fundamental principles of legality. This interaction conditions law's content so that officials have the moral resources to answer the legal subject's question, 'But, how can that be law for me?' David Dyzenhaus brings Thomas Hobbes and Hans Kelsen into a dialogue with H. L. A. Hart, showing that philosophy of law must work with the idea of legitimate authority and its basis in the social contract. He argues that the legality of international law and constitutional law are integral to the main tasks of philosophy of law, and that legal theory must attend both to the politics of legal space and to the way in which law provides us with a 'public conscience'.
Produktinformation
  • Utgivningsdatum: 2023-03-30
  • Mått: 152 x 229 x 25 mm
  • Vikt: 649 g
  • Format: Häftad
  • Språk: Engelska
  • Antal sidor: 490
  • Förlag: Cambridge University Press
  • ISBN: 9781009048866
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David Dyzenhaus is University Professor of Law and Philosophy, University of Toronto, Canada. He works on legality under stress, an interest that he developed as a law student in apartheid South Africa. As one of the leading theorists of the rule of law, his work both reshapes philosophy of law and connects its most abstract concerns to the practical dilemmas human rights lawyers face.

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'Just when many legal philosophers were inclined to give in and accept the view long held by most other philosophers and legal theorists that the traditional debate about the nature of law was stalled in sectarian squabbling and anyway of dubious importance, David Dyzenhaus's magnificent book will have us starting all over again. In this creative and original rereading of the main texts, especially those of Hobbes, Hart, and Kelsen, Dyzenhaus brings the subject, and its importance, to life again. His interpretations of all three authors are controversial, but the book is the more interesting and generative for that. Dyzenhaus orchestrates a lively engagement among his predecessors-on his terms, not theirs-and an original and important theory of legal authority emerges organically in the process.' Liam Murphy, Professor of Law, Philosophy, New York University

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