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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 br...

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This collection of essays focuses on the traditional question whether the rule of law is necessarily the rule of moral principles, the question of the legitimacy of law. Lawyers, philosophers and political theorists explore the issues it raises.

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A collection of essays devoted to the legal thought of Thomas Hobbes, arguably the greatest political philosopher to write in English.

This influential book makes sense of abstract debates about the nature of law and the rule of law by situating them in the real-world context of apartheid-era South Africa. The new edition examines the transformation in South Africa since the end of apartheid, and the shift in debates surrounding the rule of law post 9/11.

This study looks at one of the oldest questions in legal philosophy--the relationship between law and legitimacy. Dyzenhaus analyzes the legal theories of three eminent public lawyers of the Weimar era whose theories addressed the problems of legal and political order in a crisis-ridden modern society and demonstrates their relevance to contemporary debates.

Oakeshott, Hayek and Schmitt are associated with a conservative reaction to the 'progressive' forces of their time. Law, Liberty and State considers all three together at a time when political theorists, lawyers and theorists of international relations are increasingly turning to the foundational texts of twentieth-century thought.

A collection of essays from leading constitutional lawyers and theorists, examining the philosophical foundations of constitutional law and the issues that arise from the fundamental philosophical issues raised by the idea of a constitution.

A response to the serious critique of liberalism made by Carl Schmitt, a critic of the Weimar Constitution and one of this century's major political theorists.

This book brings the three most important twentieth-century theorists of the rule of law into debate with each other.

Calling Power to Account suggests that our legal systems can hope to play a part in responding to their own legacy of past injustice only when they recognize the full array of issues posed by the Head Tax Case.

Essays devoted to the legal thought of Thomas Hobbes, arguably the greatest political philosopher to write in English.

Deals with the legal question of how governments should respond to emergencies and terrorism.

While antiliberal legal theorist Carl Schmitt has long been considered by Europeans to be one of this century’s most significant political philosophers, recent challenges to the fundamental values of liberal democracies have made Schmitt’s writings an unavoidable subject of debate in North America as well. In an effort to advance our understanding not only of Schmitt but of current problems of liberal democracy, David Dyzenhaus presents transl...

Courts today face a range of claims to redress historic injustice, including injustice perpetrated by law. In Canada, descendants of Chinese immigrants recently claimed the return of a head tax levied only on Chinese immigrants. Calling Power to Account uses the litigation around the Chinese Canadian Head Tax Case as a focal point for examining the historical, legal, and philosophical issues raised by such claims.By placing both the discrimina...

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Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law.