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The Long Arc of Legality by David Dyzenhaus
£29.99
Out of stock
Product Ref. (e.g. ISBN, SKU)
9781009048866
Published:
30 Mar 2023
Format:
Paperback
Number of pages:
489 pages
Dimensions:
228x150x27mm
Weight:
0.700kgs
Author:
This book fundamentally reshapes philosophy of law by making central to its inquiry legality and the rule of law, constitutional theory, political theory, international law, the social contract, and legitimacy. It also shows the way in which the legal theories of Thomas Hobbes and Hans Kelsen enrich current debates.
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'.
About the Author: 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.
| Number of pages | 489 |
|---|
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