51 found
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  1. John Stuart Mill and the Harm of Pornography.David Dyzenhaus - 1992 - Ethics 102 (3):534-551.
  2. Legality and Legitimacy: Carl Schmitt, Hans Kelsen, and Hermann Heller in Weimar.David Dyzenhaus - 1999 - Oxford University Press UK.
    This book investigates one of the oldest questions of legal philosophy---the relationship between law and legitimacy. It analyses the legal theories of three eminent public lawyers of the Weimar era, Carl Schmitt, Hans Kelsen, and Hermann Heller. Their theories addressed the problems of legal and political order in a crisis-ridden modern society and so they remain highly relevant to contemporary debates about legal order in the age of pluralism. Schmitt, the philosopher of German fascism, has recently received much attention. Kelsen (...)
     
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  3. Hobbes on the Authority of Law.David Dyzenhaus - 2012 - In David Dyzenhaus & Thomas Poole (eds.), Hobbes and the Law. Cambridge University Press.
  4.  70
    Hobbes and the Legitimacy of Law.David Dyzenhaus - 2001 - Law and Philosophy 20 (5):461-498.
    Legal positivism dominates in the debate between it and natural law, but close attention to the work of Thomas Hobbes -- the "founder" of the positivist tradition -- reveals a version of anti-positivism with the potential to change the contours of that debate. Hobbes's account of law ties law to legitimacy through the legal constraints of the rule of law. Legal order is essential to maintaining the order of civil society; and the institutions of legal order are structured in such (...)
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  5. Hard Cases in Wicked Legal Systems: Pathologies of Legality.David Dyzenhaus - 2010 - Oxford University Press UK.
    The idea of a wicked legal system, one whose laws have been made the instrument of a repugnant moral ideology, continues to play an important part in philosophical debates about the nature of law and law's claim to moral authority. It seems to offer support for the argument of legal positivists, who insist on a clear conceptual distinction between legal requirements, deriving from social sources, and moral requirements. Does the existence of wicked legal systems present an insurmountable obstacle to critics (...)
     
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  6.  51
    Survey Article: Justifying the Truth and Reconciliation Commission.David Dyzenhaus - 2000 - Journal of Political Philosophy 8 (4):470–496.
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  7.  29
    Hobbes on the International Rule of Law.David Dyzenhaus - 2014 - Ethics and International Affairs 28 (1):53-64.
    Perhaps the most influential passage on the rule of law in international law comes from chapter 13 of Thomas Hobbes's Leviathan. In the course of describing the miserable condition of mankind in the state of nature, Hobbes remarks to readers who might be skeptical that such a state ever existed that they need only look to international relations—the relations between independent states—to observe one: But though there had never been any time, wherein particular men were in a condition of warre (...)
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  8. Liberalism After the Fall: Schmitt, Rawls and the Problem of Justification.David Dyzenhaus - 1996 - Philosophy and Social Criticism 22 (3):9-37.
    Carl Schmitt's critique of liberalism portrays liberalism as a supple political ideology, one which moves constantly between the horns of several connected dilemmas. In particular, liberalism cannot decide whether it is based on substantive political values or is neutral or substanceless. John Rawls's 'political liberalism' is argued to exemplify-and to fall prey to-Schmitt's critique. Rawls tries to find a shallow justification for liberalism, one which claims no truth for itself and is thus neutral between many different ideologies. But his justification, (...)
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  9.  14
    Hobbes and the Legitimacy of Law.David Dyzenhaus - 2001 - Law and Philosophy 20 (5):461-498.
    Legal positivism dominates in the debate between it and natural law, but close attention to the work of Thomas Hobbes -- the "founder" of the positivist tradition -- reveals a version of anti-positivism with the potential to change the contours of that debate. Hobbes's account of law ties law to legitimacy through the legal constraints of the rule of law. Legal order is essential to maintaining the order of civil society; and the institutions of legal order are structured in such (...)
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  10.  5
    Justifying the Truth and Reconciliation Commission.David Dyzenhaus - 2000 - Journal of Political Philosophy 8 (4):470-496.
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  11.  17
    The Ambiguity of Force.David Dyzenhaus - 2016 - Ratio Juris 29 (3):323-347.
    The author argues that Schauer's understanding of appropriate empiricism and relatedly what he wishes to take from the positivist classics might have an even more reductive impact on legal philosophical inquiry than the legal positivist quest to confine such inquiry to a search for necessary and sufficient conditions. The argument is based on the example of the legal order of the Arab territories occupied by Israel. In the author's view, this legal order is very close to what Schauer regards as (...)
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  12. The Constitution of Law: Legality in a Time of Emergency.David Dyzenhaus - 2006 - Cambridge University Press.
    Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights, the law provides a moral resource that can inform a rule-of-law project capable of responding to situations which place (...)
     
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  13.  43
    Critical Notice of On the People's Terms: A Republican Theory and Model of Democracy, by Philip Pettit, Cambridge University Press, 2012, Xii+333pp. [REVIEW]David Dyzenhaus - 2013 - Canadian Journal of Philosophy 43 (4):494-513.
    This paper is a critical notice of Philip Pettit's On the People's Terms: A Republican Theory and Model of Democracy. Pettit argues that only Republicanism can respond appropriately to the ‘evil of subjection to another's will – particularly in important areas of personal choice’ because its ideal of liberty – freedom as non-domination – both captures better than liberalism our commitment to individual liberty and explains better our commitment to the legitimacy of democratic decision-making than standard democrat accounts. If this (...)
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  14. Introduction: Why Carl Schmitt?David Dyzenhaus - 1998 - In Law as Politics: Carl Schmitt's Critique of Liberalism. Duke University Press.
     
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  15.  39
    Hobbes and the Law.David Dyzenhaus & Thomas Poole (eds.) - 2012 - Cambridge University Press.
    Essays devoted to the legal thought of Thomas Hobbes, arguably the greatest political philosopher to write in English.
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  16.  46
    Law as Politics: Carl Schmitt's Critique of Liberalism.David Dyzenhaus (ed.) - 1998 - Duke University Press.
    Law as Politics thematically organises in one volume the varying engagements and confrontations with Schmitt's work and allows scholars to acknowledge-and ...
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  17.  41
    Positivism's Stagnant Research Programme.David Dyzenhaus - 2000 - Oxford Journal of Legal Studies 20 (4):703-722.
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  18.  6
    Charles Larmore, The Morals of Modernity. New York: Cambridge University Press1996. Pp. X + 226.David Dyzenhaus - 1998 - Canadian Journal of Philosophy 28 (2):269-286.
  19.  7
    Critical Notice.David Dyzenhaus - 1998 - Canadian Journal of Philosophy 28 (2):269-286.
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  20. Legal Philosophy.Alan Brudner, Denise Réaume, Patrick Macklem & David Dyzenhaus - 1991 - Faculty of Law, University of Toronto.
     
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  21. Alternative Approaches to Legal Scholarship Schedule and Volume ... Of the Readings.David Dyzenhaus - 2000 - Faculty of Law, University of Toronto.
     
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  22. Austin, Hobbes, and Dicey.David Dyzenhaus - 2011 - Canadian Journal of Law and Jurisprudence 24 (2):411-440.
    I argue that attention to Austin helps us to appreciate that there are significant continuities between his legal theory and that of contemporary positivists; hence, to the extent that Austin’s theory has defects, these are reproduced in the work of contemporary legal positivism. An historical perspective on contemporary philosophy of law thus permits one to appreciate that the basic divide in legal theory is between a tradition whose basic intuition is that law is answerable to a moral ideal of legality (...)
     
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  23. Aspiring to the Rule of Law.David Dyzenhaus - 2003 - In Tom Campbell, Jeffrey Goldsworthy & Adrienne Stone (eds.), Protecting Human Rights: Instruments and Institutions. Oxford University Press.
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  24.  16
    Brand-Ballard, Jeffrey. Limits of Legality: The Ethics of Lawless Judging.Oxford: Oxford University Press, 2010. Pp. 354. $65.00. [REVIEW]David Dyzenhaus - 2011 - Ethics 121 (2):420-423.
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  25.  54
    Book ReviewsJürgen Habermas,. The Postnational Constellation: Political Essays. Translated, Edited, and with an Introduction by Max Pensky.Cambridge, Mass.: MIT Press, 2001. Pp. Xvii+190. $21.95 .Mark Lilla,. The Reckless Mind: Intellectuals in Politics.New York: New York Review of Books, 2001. Pp. Xiii+216. $24.95. [REVIEW]David Dyzenhaus - 2002 - Ethics 113 (1):154-157.
  26.  12
    Kelsen, Heller and Schmitt: Paradigms of Sovereignty Thought.David Dyzenhaus - 2015 - Theoretical Inquiries in Law 16 (2):337-366.
    Eyal Benvenisti has sought to provide an optimistic account of international law through reconceptualizing the idea of sovereignty as a kind of trusteeship for humanity. He thus sketches a welcome antidote to trends in recent work in public law including public international law that claim that international law is no more than a cloak for economic and political interests, so that all that matters is which powerful actor gets to decide. In this Article, I approach his position through a discussion (...)
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  27. Law and Morality Readings in Legal Philosophy.David Dyzenhaus & Arthur Ripstein - 2001
     
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  28. Legal and Political Philosophy Liberalism and its Enemies.David Dyzenhaus & Robert Howse - 1995 - Dept. Of Philosophy and Faculty of Law, University of Toronto.
     
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  29. Law and Philosophy Bridge.David Dyzenhaus - 1999 - Faculty of Law, University of Toronto.
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  30. Law and Politics.David Dyzenhaus, Brian Langille & Hamish Stewart - 1993 - Faculty of Law, University of Toronto.
     
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  31. Law as Politics? Law as Justice?David Dyzenhaus, Brian Langille & Hamish Stewart - 1998 - Faculty of Law, University of Toronto.
     
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  32. Law, Liberty and State: Oakeshott, Hayek and Schmitt on the Rule of Law.David Dyzenhaus & Thomas Poole (eds.) - 2015 - Cambridge University Press.
    Oakeshott, Hayek and Schmitt are associated with a conservative reaction to the 'progressive' forces of the twentieth century. Each was an acute analyst of the juristic form of the modern state and the relationship of that form to the idea of liberty under a system of public, general law. Hayek had the highest regard for Schmitt's understanding of the rule of law state despite Schmitt's hostility to it, and he owed the distinction he drew in his own work between a (...)
     
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  33. Law, Politics and Interpretation.David Dyzenhaus & Brian Langille - 1998 - Faculty of Law, University of Toronto.
     
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  34. Legality Without the Rule of Law? Scott Shapiro on Wicked Legal Systems: Critical Notice: Legality by Scott Shapiro.David Dyzenhaus - 2012 - Canadian Journal of Law and Jurisprudence 25 (1):183-200.
    In Legality, Scott Shapiro – a leading legal positivist – analyses the problem of a wicked legal system in a way that brings him close to natural law positions. For he argues that a wicked legal system is botched as a legal system and I show that such an argument entails a prior argument that there is some set of standards or criteria internal to law which are both moral and legal. As a result, the more successful a legal order (...)
     
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  35. Matthew H. Kramer, Legal Theory, Political Theory, and Deconstruction: Against Rhadamanthus Reviewed By.David Dyzenhaus - 1991 - Philosophy in Review 11 (6):401-403.
     
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  36. Philosophical Foundations of Constitutional Law.David Dyzenhaus & Malcolm Thorburn (eds.) - 2016 - Oxford University Press UK.
    Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what (...)
     
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  37.  3
    Pragmatism in Law and Society.David Dyzenhaus - 1993 - Philosophical Books 34 (2):122-123.
  38. Philosophy of Law.David Dyzenhaus - 1997 - Faculty of Law, University of Toronto.
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  39. Roger A. Shiner.David Dyzenhaus - 1994 - Ratio Juris 7 (1):56.
     
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  40. Readings on Hobbes.David Dyzenhaus - 2000 - Faculty of Law, University of Toronto.
     
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  41.  6
    Schmittean Logic.David Dyzenhaus - 2020 - Philosophy and Social Criticism 47 (2):183-187.
    I argue that Schmitt was a faux jurist and that is important to understand ‘Schmittean’ logic. This is a logic which aims to undermine democracy and the rule of law which is not unique to Schmitt and is at play in our contemporary world.
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  42.  13
    Towards a Philosophical Jurisprudence. [REVIEW]David Dyzenhaus - 2016 - Jurisprudence 7 (3):636-655.
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  43. The Double-Facing Constitution.David Dyzenhaus, Thomas Poole & Jacco Bomhoff (eds.) - 2020 - Cambridge University Press.
    This collection explores some of the many ways in which constitutional orders engage with, and are shaped by, their exteriors. Constitutional and legal theory often marginalize 'foreign' elements, such as norms originating in other legal systems, the movement of individuals across borders, or the application of domestic law to foreign affairs. In The Double-Facing Constitution, these instances of boundary crossing lie at the heart of an alternative understanding of constitutions as permeable membranes, through which norms can and sometimes must travel. (...)
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  44. The Dilemma of Legality and the Moral Limits of Law.David Dyzenhaus - 2005 - In Lawrence Douglas, Austin Sarat & Martha Merrill Umphrey (eds.), The Limits of Law. Stanford University Press.
     
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  45.  11
    The Inevitable Social Contract.David Dyzenhaus - 2021 - Res Publica 27 (2):187-202.
    The mark of ‘the political’, according to Bernard Williams, lies in a society finding an answer to the ‘first political question’—the ‘Hobbesian’ question of how to secure ‘order, protection, safety, trust, and the conditions of cooperation’. It is first because ‘solving it is the condition of solving, indeed posing, any others’. Williams also argues that a political order differs from an ‘unmediated coercive’ order in that it seeks to satisfy the ‘Basic Legitimation Demand’ that every legitimate state must satisfy if (...)
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  46. The Left and the Question of Law.David Dyzenhaus - 2004 - Canadian Journal of Law and Jurisprudence 17 (1):7-30.
    This article examines the work of Martin Loughlin, a prominent public lawyer who works in the leftwing tradition of political and legal theory, often associated with the London School of Economics and Political Science. It argues that tensions in Loughlin’s work exemplify certain trends within the left, the result of the left having lost faith in its positive political programme, one which was supposed to be delivered by Parliament. What remains once this faith is lost is a traditional hostility to (...)
     
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  47.  32
    The Legitimacy of Law: A Response to Critics.David Dyzenhaus - 1994 - Ratio Juris 7 (1):80-94.
  48.  7
    The Legal Philosophy of H. L. A. Hart: A Critical Appraisal.David Dyzenhaus - 1988 - Philosophical Books 29 (4):250-252.
  49.  13
    The Morals of Modernity.David Dyzenhaus - 1998 - Canadian Journal of Philosophy 28 (2):269-286.
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  50. The Rule of Law as the Rule of Liberal Principle.David Dyzenhaus - 2007 - In Arthur Ripstein (ed.), Ronald Dworkin. Cambridge University Press.
     
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