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.
Exploring the legal frameworks surrounding government responses to crises and terrorism, this book delves into the balance between civil liberties and national security. It examines case studies and legal precedents, offering insights into how laws adapt during emergencies. The author argues for a nuanced approach that safeguards individual rights while addressing the complexities of modern threats, making it a critical resource for policymakers, legal scholars, and anyone interested in the intersection of law and public safety.
This work investigates one of the oldest questions of legal philosophy - the relationship between law and legitimacy. It analyzes 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 is well-known as one of the main exponents of the philosophy of legal positivism. Heller is virtually unknown outside Germany. Dyzenhaus exposes the dangers of Schmitt's legal philosophy by situating it in the legal context of consitutional crisis to which he responded. He also points out the severe inadequacies of Kelsen's legal positivism. In a wide-ranging account of the predicaments of contemporary legal and political philosophy, Heller's position is argued to be the most promising of the three