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The Long Arc of Legality - Hobbes, Kelsen, Hart (Hardcover)
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The Long Arc of Legality - Hobbes, Kelsen, Hart (Hardcover)
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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'.
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