The Intelligibility of Extralegal State Action: A General Lesson for Debates on Public Emergencies and Legality

Legal Theory 16 (3):161-189 (2010)
Abstract
Some legal theorists deny that states can conceivably act extra-legally, in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen, and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and, ultimately, contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.
Keywords jurisprudence  legality  extralegal  state  state action  duty-imposing rule  power-conferring rule  David Dyzenhaus  Philip Pettit  Hans Kelsen
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 11,404
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

View all 19 references

Citations of this work BETA
François Tanguay-Renaud (2013). Criminalizing the State. Criminal Law and Philosophy 7 (2):255-284.
Similar books and articles
Scott Shapiro (2011). Legality. Harvard University Press.
Analytics

Monthly downloads

Added to index

2010-11-30

Total downloads

14 ( #116,050 of 1,102,989 )

Recent downloads (6 months)

1 ( #297,509 of 1,102,989 )

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Start a new thread
Order:
There  are no threads in this forum
Nothing in this forum yet.