The long arc of legality : Hobbes, Kelsen, Hart / David Dyzenhaus, University of Toronto.

Format:

Book

Author/Creator:

Dyzenhaus, David, author.

Language:

English

Subjects (All):

Rule of law--Philosophy.

Rule of law.

Law--Philosophy.

Law.

Physical Description:

1 online resource (xiv, 475 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge : Cambridge University Press, 2022.

Summary:

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'.

Contents:

Introduction

The Puzzle of Very Unjust Law I: Hart and Dworkin

The Puzzle of Very Unjust Law II: Hobbes

The Constitution of Legal Authority : The Authority of Legal Constitutions

The Janus-Faced Constitution

The Politics of Legal Space

Legality's Promise

Appendix I. Exclusive and Inclusive Legal Positivism

Appendix II. Kantian Private Law Theory

Appendix III. John Finnis and 'Schmittean Logic'.

Notes:

Title from publisher's bibliographic system (viewed on 13 Jan 2022).

ISBN:

1-009-05885-1

1-009-05905-X

1-009-04905-4

OCLC:

1306063120